Legal Definitions - Right of representation

Right of representation is a legal principle that can refer to distinct concepts depending on the specific area of law, primarily in inheritance and political systems.

In the context of inheritance law, the right of representation (often referred to by its Latin term, per stirpes) dictates how an estate is distributed when an intended heir has passed away before the person whose estate is being divided. It means that the descendants of the deceased heir collectively inherit the share that their ancestor would have received.

• Example 1: Distribution of a Trust

  A family trust specifies that upon the death of the grantor, the assets are to be divided equally among their three children. If one of the children passed away years earlier but had two children of their own, those two grandchildren would collectively inherit the one-third share that their deceased parent would have received. The two living children would each receive their one-third share.

  This illustrates the right of representation because the grandchildren "represent" their deceased parent, stepping into their shoes to ensure their branch of the family still receives a portion of the trust assets.

• Example 2: Inheritance Without a Will

  Consider a scenario where an individual dies without a will (intestate), leaving behind a spouse, two living children, and three grandchildren whose parent (the deceased's third child) passed away previously. Under many state laws governing intestate succession, the estate would be divided so that the two living children each receive a share, and the three grandchildren would collectively split the share that their deceased parent would have inherited.

  Here, the grandchildren exercise the right of representation by inheriting their deceased parent's portion of the estate, ensuring that the family line is represented in the distribution.

In a political context, the right of representation refers to the fundamental entitlement of citizens to elect individuals who will act on their behalf in legislative bodies and government. It is a cornerstone of democratic governance, ensuring that the populace has a voice in the creation of laws and public policy.

• Example 1: Congressional Elections

  During a federal election, eligible citizens in a particular congressional district cast their votes for a candidate to represent them in the House of Representatives. The winning candidate then goes to Washington D.C. to deliberate and vote on national legislation.

  This demonstrates the right of representation as citizens are exercising their power to choose someone who will advocate for their interests and views in the national legislature.

• Example 2: School Board Elections

  Parents and community members in a local school district vote for candidates to serve on the school board. These elected board members then make decisions regarding the district's budget, curriculum, and educational policies.

  This illustrates the right of representation because the community members are electing individuals to represent their educational priorities and concerns in the governance of local schools.