The current default distribution rule in New York is by representation.

EPTL 2-1.2 provides that in any trust or Last Will executed after August 31, 1992 where property is left to “issue” without any qualifying language (per stirpes, per capita, or by representation), the default is by representation.

EPTL 2-1.2 also provides that any trust or Last Will executed prior to September 1, 1992, the default rules are per capita if the issue are in equal degree of consanguinity, or per stirpes if the issue are in unequal degree of consanguinity. Thus, it is the date that the Last Will or trust was executed that determines what the default rule will be.

EPTL 4-1.1 provides that after August 31, 1992 property passing under intestacy passes to issue by representation.

In New York, today, if you say nothing about how you want your property distributed, is it by default by representation?

Thank you.

Allison