Per stirpes

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Comparison of per stirpes and per capita inheritance.PNG

Per stirpes is a legal term used in estate planning and inheritance law to describe a method of distributing an estate where each branch of the family receives an equal share of an estate. The term is derived from Latin, meaning "by roots" or "by branch."

Overview[edit | edit source]

In a per stirpes distribution, if a beneficiary predeceases the testator (the person who has made a will or given a legacy), their share of the inheritance is divided equally among their descendants. This method ensures that the descendants of the deceased beneficiary receive their ancestor's share of the estate.

Example[edit | edit source]

Consider a scenario where a testator has three children: A, B, and C. If child B predeceases the testator but has two children (B1 and B2), the estate would be divided as follows:

  • Child A receives 1/3 of the estate.
  • Child C receives 1/3 of the estate.
  • The remaining 1/3 is divided equally between B1 and B2, with each receiving 1/6 of the estate.

Comparison with Per Capita[edit | edit source]

Per stirpes is often contrasted with per capita distribution. In a per capita distribution, the estate is divided equally among all living descendants, regardless of their generational level. Using the same example, if the estate were distributed per capita, each of the four living descendants (A, C, B1, and B2) would receive 1/4 of the estate.

Legal Implications[edit | edit source]

The choice between per stirpes and per capita distribution can significantly impact the distribution of an estate. It is crucial for individuals drafting a will to clearly specify their preferred method to avoid potential disputes among beneficiaries. Probate courts often have to interpret the language of the will to determine the testator's intent.

Usage in Different Jurisdictions[edit | edit source]

The application of per stirpes distribution can vary by jurisdiction. Some jurisdictions may have default rules that apply per stirpes distribution unless otherwise specified in the will, while others may require explicit instructions.

See Also[edit | edit source]

References[edit | edit source]

External Links[edit | edit source]

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Contributors: Prab R. Tumpati, MD