General Legal · Legal Maxim

Per Capita

Quick Answer

What does the legal maxim "Per Capita" mean?

Per capita is a legal principle that refers to the method of distributing an estate equally among all designated heirs or beneficiaries, regardless of their relationship to the deceased. This means that each beneficiary receives an equal share of the total assets, as opposed to shares based on lineage or representation.

Source: General Legal · Legal Maxim

Definition

Per capita is a legal principle that refers to the method of distributing an estate equally among all designated heirs or beneficiaries, regardless of their relationship to the deceased. This means that each beneficiary receives an equal share of the total assets, as opposed to shares based on lineage or representation.

Origin

The term 'per capita' is derived from Latin, meaning 'by head' or 'for each person'. This principle has roots in Roman law, emphasizing egalitarian distribution among individuals.

Modern Application

In modern law, per capita distribution is often applied in the context of wills and intestate succession, ensuring that all heirs receive their fair share without differentiation. It is commonly used in estate planning to avoid complications arising from unequal distribution among heirs.

Examples
  • A testator bequeaths an estate to their three children 'per capita', meaning each child receives an equal one-third share of the estate.
  • In cases of intestacy, if a person dies leaving behind four siblings, the estate is divided 'per capita', giving each sibling an equal share of the total assets.
Key Cases
  • Re Estate of Scher, 2009
Why This Matters

Understanding the concept of per capita is crucial for law students, particularly in the areas of inheritance law and estate planning, as it influences how estates are administered and disputes resolved among beneficiaries.

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