IHTM12253 - Succession: Scottish Prior and Legal rights: Scottish Prior and Legal rights: Meaning of representation
Where a child has died before their parent, that child바카라 사이트檚 surviving children (the grandchildren) or remoter issue, are entitled, by 바카라 사이트榬epresentation바카라 사이트� to share the same right to legitim as the deceased child would have had. Where the survivors entitled to legitim on a person바카라 사이트檚 death are, for example, 2 children and 2 grandchildren (children of a child who predeceased the deceased) division of the legitim fund is 바카라 사이트榩er stirpes바카라 사이트� or according to the relationship level of the survivors. The nearest level of survivors to the deceased person fixes the basic share taken in the legitim fund - in this instance that level is the children and the basic share taken, one third. The 2 children are each entitled to one third and the grandchildren share equally the one third their deceased parent would have taken.
However, where all of the survivors are of the same level, they share in the legitim fund 바카라 사이트榩er capita바카라 사이트� or per head. If all of the deceased바카라 사이트檚 3 children have died before they do leaving grandchildren only surviving, being all of the same level, the grandchildren, under 바카라 사이트榩er capita바카라 사이트� division, are entitled to share equally in the legitim fund. This means that if there are 11 surviving grandchildren, each will be entitled to receive one eleventh share.