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Cal. Prob. Code § 245

Distribution Under a Will, Trust, or Other Instrument

Applied in 2 court decisions — leading case Carnahan v. Alward (1997)

Most recently applied in 54 Cal. App. 4th 100 - Estate of McCrary (April 1997)

Enacted by Stats. 1990, Ch. 79.

(a) Where a will, trust, or other instrument calls for property to be distributed or taken “in the manner provided in Section 240 of the Probate Code,” or where a will, trust, or other instrument that expresses no contrary intention provides for issue or descendants to take without specifying the manner, the property to be distributed shall be distributed in the manner provided in Section 240.

(b) Use of the following words without more, as applied to issue or descendants, is not an expression of contrary intention:

(1) “Per capita” when living members of the designated class are not all of the same generation.

(2) Contradictory wording, such as “per capita and per stirpes” or “equally and by right of representation.”

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.