{"jurisdiction": "us-ny", "code": "eptl", "section": "2-1.2", "citation": "EPTL § 2-1.2", "heading": "Issue to take per capita, per stirpes or by representation", "text": ["§ 2-1.2 Issue to take per capita, per stirpes or by representation", "(a) Instruments executed prior to September first, nineteen hundred ninety-two.  Whenever a disposition of property is made to \"issue\", such issue, if in equal degree of consanguinity to their common ancestor, take per capita, but if in unequal degree, per stirpes, unless a contrary intention is expressed.", "(b) Instruments executed on or after September first, nineteen hundred ninety-two. Whenever a disposition of property is made to \"issue\", such issue take by representation as defined in 1-2.16, unless a contrary intention is expressed."], "official_source": "https://www.nysenate.gov/legislation/laws/EPT/2-1.2", "from_official_api": true, "plain_english": "- **(a)** For instruments signed **before September 1, 1992**, a gift to “issue” passes **per capita when all are equally related to the common ancestor, and per stirpes when they are not**, unless the instrument says otherwise.\n- **(b)** For instruments signed **on or after September 1, 1992**, a gift to “issue” passes **by representation under § 1-2.16**, unless contrary intent appears. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/eptl/2-1.2", "publisher": "Elyphived LLC"}