California Probate Code 245 – (a) Where a will, trust, or other instrument calls for property …
(a) Where a will, trust, or other instrument calls for property to be distributed or taken “in the manner provided in § 240 of the Probate Code,” or where a will, trust, or other instrument that expresses no contrary intention provides for issue or descendants to take without specifying the manner, the property to be distributed shall be distributed in the manner provided in Section 240.
(b) Use of the following words without more, as applied to issue or descendants, is not an expression of contrary intention:
Terms Used In California Probate Code 245
- Instrument: means a will, a document establishing or modifying a trust, a deed, or any other writing that designates a beneficiary or makes a donative transfer of property. See California Probate Code 45
- Probate: Proving a will
- Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
- Trust: includes the following:
California Probate Code 82
- Will: includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. See California Probate Code 88
(1) “Per capita” when living members of the designated class are not all of the same generation.
(2) Contradictory wording, such as “per capita and per stirpes” or “equally and by right of representation.”
(Enacted by Stats. 1990, Ch. 79.)