Legal Definitions - share and share alike

Share and share alike

This legal phrase indicates that a benefit, such as an inheritance, a gift, or a distribution from a trust, is to be divided equally among a specified group of recipients. A key characteristic of "share and share alike" is that if one of the designated recipients passes away before they can receive their portion, that deceased individual's share is then divided equally among the remaining surviving recipients in the group, rather than being passed on to the deceased recipient's own heirs or estate.

Here are some examples:

• Example 1: Inheritance of Property

  Eleanor's will states that her beloved lakeside cabin should go "to her three children, Alice, Ben, and Carol, share and share alike." Tragically, Ben passes away a month before Eleanor does. Because of the "share and share alike" clause, Ben's intended one-third share of the cabin does not go to his own children or spouse. Instead, his share is divided equally between Alice and Carol, meaning Alice and Carol each receive a one-half ownership interest in the cabin.

• Example 2: Trust Fund Distribution

  A charitable trust is established to distribute $100,000 annually "to the five named beneficiaries: Sarah, Tom, Ursula, Victor, and Wendy, share and share alike." In the third year of the trust's operation, Victor passes away. For that year and all subsequent distributions, the $100,000 annual payment will be divided equally among the four surviving beneficiaries (Sarah, Tom, Ursula, and Wendy), with each receiving $25,000 instead of the original $20,000.