What does it mean for heirs to inherit 'by representation'?

Study for the Georgia Bar Exam. Prepare with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

Inheriting "by representation" refers to a distribution method used in the context of intestate succession, where the shares of a deceased heir are passed down to their descendants rather than being pooled with the shares of other heirs. Specifically, if one or more heirs from a particular branch of the family tree have passed away, their share of the inheritance is divided equally among the descendants of that deceased heir.

This method ensures that the descendants of a deceased heir receive an amount equivalent to what their ancestor would have received had they been alive, thereby preserving the lineage and the principle of outcome fairness within that branch of the family.

In the context of the choices provided, this definition aligns perfectly with the correct answer, which specifies that the share of a deceased ancestor is divided equally among their descendants. This concept operates under the principle that each generation will have representation in the distribution of the estate, allowing for a more equitable inheritance process that reflects family lines.

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