A method for distributing the assets of an individual who dies without a valid will. The Latin means for each descendant.
'By representation per stirpes' means that where a beneficiary predeceases the testator, his portion will devolve upon his children (the children of the beneficiary). In other words, if some of the children have already died, the predeceased child's inhereitance is divided equally amongst that child's children.
Literally, "by the branch." Referring to life insurance beneficiary designations, per stirpes means life insurance policy proceeds are to be distributed as indicated among the named beneficiaries. If one beneficiary dies, that person's share then goes to the living descendants of that individual. This approach to naming beneficiaries has the advantage of not inadvertently disinheriting family members. However, it can accidentally include unintended beneficiaries if the intended beneficiary dies. (See also "per capita.")
A type of distribution that results in a beneficiary's share being transferred to the beneficiary's children if the beneficiary dies before the maker of the Will rather than being divided among the other beneficiaries under the Will. If a testatrix leaves all of her property to her issue per stirpes, and has three children, A, B, and C, but C dies before the testator, then C's one-third share would go to C's children and not to A and B. The presence or absence of this technical term in a Will has very significant consequences and a lawyer's advice should be sought.
latin term meaning "by the root". When added to a will it means that property will pass to your decedents and/or blood relations as per your "family tree." Typically, if one child predeceases, the share that would have gone to the deceased child will pass to their children, if any, and if none to your other children.
A method of dividing an estate so that children act as a group, rather than individually, taking what their deceased ancestor was entitled to
By representation. For example, dividing an estate by right of representation.
A term used in the distribution of property to persons as members of a family (per stirpes) and not as individuals (per capita). Two or more children of the same parent take per stirpes when together they take what the parent, if living, would take.
Method of distributing property to heirs whereby those closer in relation to the decedent receive greater shares.
Denotes the method of dividing a share of an estate where a class or group of beneficiaries take the share which their deceased would have taken if he/she survived the testator. These members of the group take by their deceased's right of representation. (For Example, if Person "A" dies leaving no spouse and is survived by two children: "B and C", and the two children of his deceased child "D": "E and F", "B and C" would each receive 1/3 of "A's" intestate estate and "E and F" would each receive 1/6 of "A's" intestate estate by right of representation of "D")
Distribution "by stocks", i.e. by descent according to the branches of a family tree (to be contrasted with per capita)
A way of distributing an estate so that the surviving descendants will receive only what their immediate ancestor would have received if he or she had been alive at the time of death. State law definitions can vary.
The most common way of distributing an estate such that if one of the beneficiaries is dead, his or her children share equally in his or her share. Also know as By Right of Representation.
A term used in the distribution of property which requires the distribution to persons as members of a family and not as individuals; opposite of per capita; for example, if a trust (or will) specifies that the trust estate is to be divided between Joe and Trudi, per stirpes and if Joe predeceases the grantor (or testator), then the estate will be split between Trudi and Joe's children.
Latin meaning "through the blood." By adding these two words to a beneficiary designation, the owner's investment will never be distributed outside of his or her own bloodline, even if the beneficiary has died before the owner. p 91
Under per stirpes distribution, that gift which would have gone to the heir is divided among that beneficiary's heirs.
A distribution made equally among family lines so that depending on the number of issue in that family line, the individuals may received more or less than if distribution had been made per capita, or per all of the persons. State law definitions can vary. Check with your estate planner.
A Latin "word of art" that means basically that the children of a deceased beneficiary equally take the share that the beneficiary would have received if he or she had survived.
"By family branches." A method of dividing benefits among living members of a class of beneficiaries and the descendants of deceased members.
In the law of descent and distribution, this term is used to indicate the right of descendants to take shares by representation of a deceased parent.
A way of distributing your estate so that your surviving descendents will receive only what their immediate ancestor would have received if he/she had been living at your death.
A term used in the designation of beneficiaries. The distribution of the death benefit among beneficiaries with the provision that protects the heirs of each beneficiary in case the beneficiary dies before the insured. If one beneficiary predeceased the insured, that beneficiary's heirs would share equally in the death benefit of that beneficiary.
A term used in a will or trust which designates that property will pass to descendants "by branches" so that a Decedent's children divide equally the same share the Decedent would have taken at each level of descent.
Describes an inheritance that is payable to the children of a pre-deceased legatee.
Latin term, meaning by representation. A method of dividing an estate equally among the heirs of the deceased. If an heir has predeceased, her share is divided equally by her linear descendants.
To distribute a share to a descendant of a deceased beneficiary.
A method of dividing assets of an estate such that if a member of the group among which the assets are being divided happens to be dead at the time of the division, the children of that deceased member of the group will divide among them the share that their parent would have received had he or she been alive.
(See Right of Representation.) Pour Over Will
describes the way a bequest is to be divided among a person's issue.Most people want bequests to their children to be divided equally among the children.A per stirpes distribution does this, and it also governs what happens if any child has died.If a child has died, his (or her) share is divided among his issue if he has any issue.For example, presume that you have three children (Sue, Sally and John) and that your will provides for a bequest to your children per stirÂpes.If all three children survive you, each would get one third of the property.If, however, John has died, his one third share would be divided among his children if he had any, or if he had no living issue his one third share would pass to Sue and Sally.
Literally "by branches." Distribution of property between or among two or more beneficiaries with the provision that if one dies before the insured, his heirs shall have his full share distributed among them. Contrast with Per Capita.
Latin for "by the branch," the method of dividing assets among descendants so that such descendants as a class take the share that the ancestor would have been entitled to take had the ancestor survived.
When you leave everything to your children you will not want to have to change your Will if any die before you. One option is to arrange that the legacy will go to your grandchildren. A "per stripes" arrangement means that grandchildren receive what their parents would have received, in equal shares.
Division whereby the share that a predeceased ancestor would have taken if he had lived goes to his descendants, according to a degree of kinship.
A legal term meaning that if a person dies, the inheritance will pass to heirs in equal shares. It means "by right of representation".
Lat. By roots or stocks; by representation. This term, derived from the civil law, is much used in the law of descents and distribution, and denotes that method of dividing an intestate estate where a class or group of distributees take the share which their deceased would have been entitled to , taking thus by their right of representing such ancestor, and not as so many individuals.
A legal method of distributing an estate to include the descendants of a deceased legatee, whose share is apportioned among linear descendants.
A distribution of property made to persons who take as issue, the share which their deceased ancestor would take if living. See Representation.
Latin] distribution of an inheritance by giving equal shares to family groups rather than an equal percentage to each descendant
A way of distributing your estate by right of representation. If you leave your estate to your children, per stirpes, a deceased child's share will go to his or her child(ren) in equal shares; also called by right of representation; opposite of per capita.
A method of dividing property from your ESTATE. It means that should one of your HEIRS die before you, the heirs of that deceased heir take the share intended for the deceased heir. As an example, if you left one-half of your ESTATE to your son and your son died before you leaving two children, then your two grandchildren would divide his share, each receiving one-fourth of your ESTATE. It is a Latin term which literally means "by roots".
A method of dividing assets of an estate. For example, if a member of the group among which the assets are being divided was dead at the time of the division. In this event, the children of that deceased member would divide among them the share that their parent would have received had she or he been alive.
A term used in the designation of beneficiaries wherein if there is more than one beneficiary and one of more of the beneficiaries should pre-decease the insured, the remaining beneficiaries will share equally in the death benefit with one equal share per dead beneficiary to be divided among the heirs of the dead beneficiary.
Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred’s will states that heirs of a deceased beneficiary are to receive the property "per stirpes," Julie will receive one-half of the property, and Alan’s two children will share his half in equal shares (through Alan by right of representation). If, on the other hand, Fred’s will states that the property is to be divided per capita, Julie and the two grandchildren will each take a third.
Per stirpes is a Latin phrase (meaning per branch) used in wills that specifies that each branch of the testator's family is to receive an equal share of the estate.