The Trickle-Down Explained

When the law divides an estate, it flows down the family tree like water — each generation taking its share, unless that branch has died out, in which case the share trickles down further.

Basic Principle: “Per Stirpes”

If a child of the deceased has already died, their own children inherit that child’s share.

Example:

  • Sarah dies, leaving two children: John (alive) and Kate (who died years ago but had two kids, Ben and Lily).
  • John gets 50%.
  • Ben and Lily each get 25% (Kate’s half, split between them).

Next Layers of the Tree

If there are no children or grandchildren:

  • Parents inherit next.
  • If they’re gone, the estate moves sideways to siblings.
  • If siblings are dead, their children inherit their shares.
    And so it goes — down each line before moving sideways.

Modern Complications

DNA testing is rewriting family trees.
An unknown half-sibling discovered through a home kit could suddenly have a claim, provided they can legally prove parentage.
Intestacy doesn’t care if you’ve never met — bloodline wins.

Example

Arthur dies with no will. He thought he had one daughter, but a DNA test later confirms he has a second child from a long-ago relationship.

Result: both daughters share the estate equally.

The daughter who handled the estate must reopen it and redistribute funds — unless she protected herself properly.

Stepchildren & Partners

They don’t inherit automatically — unless adopted or specifically included in a valid will. A sobering thought for blended families.

Moral

Family trees grow in unpredictable directions. If you want to choose who gets what, write it down while you still can. Otherwise, the law — and possibly a stranger with a DNA kit — will decide for you.

Back to The Lost Will, the Family Tree and the DNA Test That Changed Everything