Per Stirpes
A Latin term meaning "by branch". If a beneficiary dies before you, their share passes to their children instead of being redistributed.
Per stirpes (Latin: "by branch") is a method of distributing an estate where a deceased beneficiary's share passes to their descendants.
How Per Stirpes Works
Example: You leave your estate equally to your three children per stirpes.
- Child A survives you: Gets their 1/3
- Child B survives you: Gets their 1/3
- Child C died before you, leaving two children: Their 1/3 is divided between their two children (your grandchildren), each getting 1/6
Per Stirpes vs Per Capita
- Per stirpes: Share stays in the branch - grandchildren take deceased parent's share
- Per capita: All beneficiaries share equally - if one child dies, surviving children split everything
When to Use Per Stirpes
- When you want grandchildren to inherit if their parent dies before you
- Common in wills leaving estate to "my children per stirpes"
- Ensures each branch of family is represented
Common questions
What if a per stirpes beneficiary has no children?
Their share would typically lapse (fail) or go to surviving beneficiaries, depending on how the will is drafted.
Is per stirpes automatic in UK wills?
No. The will must specify per stirpes. For children/grandchildren of the testator, there's a statutory substitution rule that acts similarly.
How do I pronounce per stirpes?
Per STIR-peez (rhymes with "her sir-peas").
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