PER STIRPES
Back to GlossaryDefinition
A method to pass on wealth by family branch. (E.g. Testator passes $100 to four surviving children. All four children receive $25 per branch regardless of the number of grandchildren in each branch.)
Summary
Per stirpes is a Latin term meaning 'by the branch' used in estate planning and inheritance law. It ensures that if a beneficiary dies before the testator, that person's share passes to their descendants (children, grandchildren, etc.) rather than being redistributed among surviving beneficiaries. This method preserves the family tree structure in inheritance distribution, so each family branch receives an equal portion regardless of how many people are in that branch.
Usage Context
Essential for understanding estate planning, will drafting, trust administration, and inheritance law. Critical when studying family wealth transfer strategies and legal distribution methods in estates and trusts courses.
Common Confusions
- Confusing per stirpes with per capita (equal distribution among all living beneficiaries)
- Thinking the money gets divided equally among all grandchildren regardless of which branch they're from
- Assuming per stirpes only applies when someone dies before the testator
- Believing that per stirpes means the eldest child gets everything
