Per Capita
Literal meaning: “By the head”
What does the Latin term "Per Capita" mean in law?
Per capita is a method of distributing an estate or property in which each eligible recipient takes an equal share regardless of generational level. Under per capita distribution, if a beneficiary predeceases the decedent, that beneficiary's share may be redistributed equally among the surviving beneficiaries at the same or nearest generational level, depending on the jurisdiction's specific per capita approach. This stands in contrast to per stirpes distribution, where shares pass down through the line of descent. The Uniform Probate Code adopts a per capita at each generation approach, which pools the shares of deceased beneficiaries at each generational level and divides them equally among survivors at the next generation.
Source: Property · Legal Latin
Legal Definition
Per capita is a method of distributing an estate or property in which each eligible recipient takes an equal share regardless of generational level. Under per capita distribution, if a beneficiary predeceases the decedent, that beneficiary's share may be redistributed equally among the surviving beneficiaries at the same or nearest generational level, depending on the jurisdiction's specific per capita approach. This stands in contrast to per stirpes distribution, where shares pass down through the line of descent. The Uniform Probate Code adopts a per capita at each generation approach, which pools the shares of deceased beneficiaries at each generational level and divides them equally among survivors at the next generation.
How It's Used
Estate planners carefully choose between per capita and per stirpes designations when drafting wills and trusts because the distribution method can dramatically affect how assets pass to descendants. Courts must interpret ambiguous testamentary language to determine whether the testator intended per capita or per stirpes distribution.
Example Sentences
The will directed that the residuary estate be distributed per capita among the testator's grandchildren, giving each surviving grandchild an equal share.
Under the per capita at each generation rule, the shares of the two predeceased children were pooled and divided equally among their combined five surviving children.
The court construed the phrase 'equally to my descendants' as creating a per capita distribution rather than a per stirpes distribution.