Section 247 Of Chapter 2. Distribution Under A Will, Trust, Or Other Instrument From California Probate Code >> Division 2. >> Part 6. >> Chapter 2.
247
. (a) Where a will, trust, or other instrument calls for
property to be distributed or taken "in the manner provided in
Section 247 of the Probate Code," the property to be distributed
shall be divided into as many equal shares as there are living
members of the nearest generation of issue then living and deceased
members of that generation who leave issue then living. Each living
member of the nearest generation of issue then living is allocated
one share, and the remaining shares, if any, are combined and then
divided and allocated in the same manner among the remaining issue as
if the issue already allocated a share and their descendants were
then deceased.
(b) Unless the will, trust, or other instrument expressly provides
otherwise, if an instrument executed on or after January 1, 1986,
calls for property to be distributed or taken "per capita at each
generation," the property shall be distributed in the manner provided
in subdivision (a).
(c) If a will, trust, or other instrument executed before January
1, 1986, calls for property to be distributed or taken "per capita at
each generation," the property shall be distributed in the manner
provided in subdivision (a), absent a contrary intent of the
transferor.