Per Stirpes

Per Capita
September 8, 2014
Personal Representative
September 8, 2014
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Per Stirpes

The term Per Stirpes denotes that method of dividing an estate where a class or group of distributees take the share to which a deceased would have been qualified to receive, taking thus by their right of representing such ancestor, and not as so many individuals.  The term literally means by the branch.  For instance, where the deceased has a son with one son (who is a grandson to the deceased) and a daughter with three daughters (who are granddaughters to the deceased) and the Last Will and Testament provides that the deceased’s children shall share equally Per Stirpes and both children predecease the decedent, then the grandson shall receive one-half of the estate (the share his father would have received) and the three granddaughters shall share the other one-half (one-sixth each) which their mother would have received.

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