per stirpes

Per Stirpes

[Latin, By roots or stocks; by representation.] A term used to denote a method used in dividing the estate of a person. A person who takes per stirpes, sometimes called by right of representation, does not inherit in an individual capacity but as a member of a group.

In a per stirpes distribution, a group represents a deceased ancestor. The group takes the proportional share to which the deceased ancestor would have been entitled if still living.

For example, a man died intestate; his wife predeceased him. He had four children, three of whom are still living at the time of his death. The deceased child had three children, all still living. These three grandchildren will share equally in one-fourth of their grandfather's estate, the share the deceased parent would have taken if still alive. The three living children will also each receive one-fourth of the estate.

Per stirpes differs from per capita, in which an equal share is given to each of a number of persons who all stand in equal degree of relationship to the deceased.

Cross-references

Descent and Distribution.

per stirpes

(purr stir-peas) adj. Latin for "by roots," by representation. The term is commonly used in wills and trusts to describe the distribution when a beneficiary dies before the person whose estate is being divided. Example: "I leave $100,000 to my daughter, Eleanor, and if she shall predecease me, to her children, per stirpes." Thus, if Eleanor dies before her parent, then the $100,000 will be divided among her children equally. A better way to make this clear is to substitute for per stirpes: "...to her children by right of representation, share and share alike," which is better drafting since it is clear to the non-lawyer. If there is no provision for distribution to children of a predeceased child, then the gift will become part of the residue (what is left after specific gifts), and then the grandchildren may not share if there are surviving children of the giver. (See: descent and distribution, will, trust)

per stirpes

see PER CAPITA.

PER STIRPES. By stock; by roots.
2. When, for example, a man dies intestate, leaving children and grandchildren, whose parents are deceased, the estate is to be divided not per capita, that is, by each of the children and grandchildren taking a share, but per stirpes, by each of the children taking a share, and the grandchildren, the children of a deceased child, taking a share to be afterwards divided among themselves per capita.

Per stirpes

A method for distributing the assets of an individual who dies without a valid will. The Latin means for each descendant.

Per Stirpes

In wills and some retirement accounts, a provision stating that, should a beneficiary die before the testator or account holder, the assets designated for that beneficiary shall pass to his/her heirs. Most often, this provision is not used for a single asset, but rather as a means of dividing a whole estate. For example, if a testator dies leaving an estate to children Frank, Bob, and Joan, and Joan is already dead, an estate per stirpes would divide evenly among Frank and Bob, who each receive one-third, and any of Joan's living children, who collectively receive one-third.

Per stirpes.

Per stirpes is the legal term for transferring the assets of your estate to your children and their descendants.

With a per stirpes distribution, each of your children who is named as a beneficiary is entitled to an equal share. If one of your children is no longer alive, that person's children or children's children divide his or her share.

For example, if you had two children each of whom had two children and one of your children died before you did, under a per stirpes bequest, your surviving child would receive 50% of your estate and the children of your deceased child would each receive 25%.

per stirpes

A method of distributing an estate when one of the beneficiaries dies before the testator.The predeceased beneficiary's share is divided equally among that person's own heirs.

Example: Beth leaves $900,000 to her heirs, per stirpes. She has three children, but two of them die before her. Each child would have received $300,000 if alive. For the children who died first, each one's $300,000 share will be split equally among their own children. Grandchild John receives nothing, because his mother was still alive to receive her gift. Contrast with per capita, in which all members of a generational class take equal shares.

单词	per stirpes
释义	per stirpes Per Stirpes [Latin, By roots or stocks; by representation.] A term used to denote a method used in dividing the estate of a person. A person who takes per stirpes, sometimes called by right of representation, does not inherit in an individual capacity but as a member of a group. In a per stirpes distribution, a group represents a deceased ancestor. The group takes the proportional share to which the deceased ancestor would have been entitled if still living. For example, a man died intestate; his wife predeceased him. He had four children, three of whom are still living at the time of his death. The deceased child had three children, all still living. These three grandchildren will share equally in one-fourth of their grandfather's estate, the share the deceased parent would have taken if still alive. The three living children will also each receive one-fourth of the estate. Per stirpes differs from per capita, in which an equal share is given to each of a number of persons who all stand in equal degree of relationship to the deceased. Cross-references Descent and Distribution. per stirpes (purr stir-peas) adj. Latin for "by roots," by representation. The term is commonly used in wills and trusts to describe the distribution when a beneficiary dies before the person whose estate is being divided. Example: "I leave $100,000 to my daughter, Eleanor, and if she shall predecease me, to her children, per stirpes." Thus, if Eleanor dies before her parent, then the $100,000 will be divided among her children equally. A better way to make this clear is to substitute for per stirpes: "...to her children by right of representation, share and share alike," which is better drafting since it is clear to the non-lawyer. If there is no provision for distribution to children of a predeceased child, then the gift will become part of the residue (what is left after specific gifts), and then the grandchildren may not share if there are surviving children of the giver. (See: descent and distribution, will, trust) per stirpes see PER CAPITA. PER STIRPES. By stock; by roots. 2. When, for example, a man dies intestate, leaving children and grandchildren, whose parents are deceased, the estate is to be divided not per capita, that is, by each of the children and grandchildren taking a share, but per stirpes, by each of the children taking a share, and the grandchildren, the children of a deceased child, taking a share to be afterwards divided among themselves per capita. Per stirpes Per stirpes A method for distributing the assets of an individual who dies without a valid will. The Latin means for each descendant. Per Stirpes In wills and some retirement accounts, a provision stating that, should a beneficiary die before the testator or account holder, the assets designated for that beneficiary shall pass to his/her heirs. Most often, this provision is not used for a single asset, but rather as a means of dividing a whole estate. For example, if a testator dies leaving an estate to children Frank, Bob, and Joan, and Joan is already dead, an estate per stirpes would divide evenly among Frank and Bob, who each receive one-third, and any of Joan's living children, who collectively receive one-third. Per stirpes. Per stirpes is the legal term for transferring the assets of your estate to your children and their descendants. With a per stirpes distribution, each of your children who is named as a beneficiary is entitled to an equal share. If one of your children is no longer alive, that person's children or children's children divide his or her share. For example, if you had two children each of whom had two children and one of your children died before you did, under a per stirpes bequest, your surviving child would receive 50% of your estate and the children of your deceased child would each receive 25%. per stirpes A method of distributing an estate when one of the beneficiaries dies before the testator.The predeceased beneficiary's share is divided equally among that person's own heirs. Example: Beth leaves $900,000 to her heirs, per stirpes. She has three children, but two of them die before her. Each child would have received $300,000 if alive. For the children who died first, each one's $300,000 share will be split equally among their own children. Grandchild John receives nothing, because his mother was still alive to receive her gift. Contrast with per capita, in which all members of a generational class take equal shares.
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