Per Stirpes

Per stirpes is a legal principle used in estate planning and inheritance that dictates how an estate is to be divided among heirs. Under this principle, each branch of the family receives an equal share of the estate, and if a beneficiary predeceases the decedent, that beneficiary's share is distributed equally among their descendants.

The term has its roots in Roman law, where it was used to ensure fair distribution of inheritances among familial branches. It highlights the importance of lineage in the transmission of property rights.

In modern law, per stirpes is commonly used in wills and trusts to specify how assets should be distributed among heirs. This method provides clarity in estate planning and helps avoid disputes among potential beneficiaries by clearly outlining their entitlements.

• For instance, if a testator has three children and one child predeceases the testator but has two children of their own, the estate is divided into three shares. The two grandchildren would inherit the share that would have gone to their deceased parent.
• If an individual leaves their estate to their children per stirpes and one child has passed away but left two children, the estate would be divided among the surviving child and the two grandchildren, ensuring that the deceased child's branch still receives their share.

• In re Estate of Hennings