Per stirpes
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]
Search WikiMD
Ad.Tired of being Overweight? Try W8MD's physician weight loss program.
Semaglutide (Ozempic / Wegovy and Tirzepatide (Mounjaro / Zepbound) available.
Advertise on WikiMD
WikiMD's Wellness Encyclopedia |
Let Food Be Thy Medicine Medicine Thy Food - Hippocrates |
Translate this page: - East Asian
中文,
日本,
한국어,
South Asian
हिन्दी,
தமிழ்,
తెలుగు,
Urdu,
ಕನ್ನಡ,
Southeast Asian
Indonesian,
Vietnamese,
Thai,
မြန်မာဘာသာ,
বাংলা
European
español,
Deutsch,
français,
Greek,
português do Brasil,
polski,
română,
русский,
Nederlands,
norsk,
svenska,
suomi,
Italian
Middle Eastern & African
عربى,
Turkish,
Persian,
Hebrew,
Afrikaans,
isiZulu,
Kiswahili,
Other
Bulgarian,
Hungarian,
Czech,
Swedish,
മലയാളം,
मराठी,
ਪੰਜਾਬੀ,
ગુજરાતી,
Portuguese,
Ukrainian
Medical Disclaimer: WikiMD is not a substitute for professional medical advice. The information on WikiMD is provided as an information resource only, may be incorrect, outdated or misleading, and is not to be used or relied on for any diagnostic or treatment purposes. Please consult your health care provider before making any healthcare decisions or for guidance about a specific medical condition. WikiMD expressly disclaims responsibility, and shall have no liability, for any damages, loss, injury, or liability whatsoever suffered as a result of your reliance on the information contained in this site. By visiting this site you agree to the foregoing terms and conditions, which may from time to time be changed or supplemented by WikiMD. If you do not agree to the foregoing terms and conditions, you should not enter or use this site. See full disclaimer.
Credits:Most images are courtesy of Wikimedia commons, and templates Wikipedia, licensed under CC BY SA or similar.
Contributors: Prab R. Tumpati, MD