What term describes a method of dividing an estate where a class takes a share as the deceased would have been entitled to?

The term that accurately describes a method of dividing an estate where a class takes a share as the deceased would have been entitled to is "per stirpes." This legal concept is applied in inheritance situations to ensure that if a beneficiary predeceases the deceased, their portion of the inheritance is divided among their descendants.

For example, if a parent passes away and they have three children, each child would be entitled to one-third of the estate. However, if one of those children has passed away but has children of their own, that deceased child's share (one-third) would then be distributed equally among their children. This method respects the lineage by allowing the deceased's descendants to inherit their parent's share, maintaining the family line’s claim to the estate.

The other terms, while related to inheritance, do not convey the same meaning. "Per capita" focuses on equal distribution among living beneficiaries, "per child" simplifies the understanding but lacks the legal specificity, and "per representative" is not commonly used in estate law. Understanding "per stirpes" is essential for recognizing how estates are distributed according to lineage, which is a crucial aspect of estate planning and inheritance law.