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
