When the Document Does Not Say How to Divide
Estate documents sometimes use broad language. A trust might say "distribute to my descendants" without explaining whether grandchildren share equally with children or whether a deceased child's share passes to their own children. When the document is silent on the method, Arizona law provides the answer.
If a class gift in favor of descendants, issue or heirs of the body does not specify the manner in which the property is to be distributed among the family members who comprise that class, the property that comprises the class gift is distributed among the class members who are living when the interest is to take effect in possession or enjoyment.
A.R.S. § 14-2708The living class members receive shares as if the designated ancestor had died intestate owning the property. In practice, this means the distribution follows Arizona's intestate succession rules, which use a per capita at each generation approach.
Why the Default Method Matters
The difference between distribution methods can significantly change who receives what. Under per capita at each generation, surviving descendants in the closest generation each get an equal share. Any remaining shares from deceased members in that generation are pooled and divided equally among the next generation of descendants.
This default rule applies only when the document does not specify a method. If a will or trust explicitly states "per stirpes" or "equally among my children," those instructions control. The statute is a gap-filler, not an override. For families with multiple generations of beneficiaries, specifying the distribution method in the document avoids any ambiguity about how shares are calculated.
