- per stirpes
-
per stir·pes /pər-'stər-pēz, per-'stir-pās/ adv or adj [Latin, by familial stocks]: by right of representationthe estate was divided per stirpes— used of a method of distributing an esp. intestate estate compare per capita◇ Per stirpes distribution provides for division of an estate equally among the members of the group of descendants having a particular degree of kinship (as children), with the issue (that is, the offspring) of a deceased member of that group representing the deceased member, taking the deceased member's share, and dividing it equally among themselves. For example, if a decedent had three children, one of whom had already died leaving issue, the estate would be divided into thirds, with each living child receiving a one-third share, and the issue of the deceased child dividing a one-third share equally amongst themselves.
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
- per stirpes
-
adj.(Latin) By roots or by shoots, as of a tree; a form of distribution of an estate in which each recipient takes a share according to the proportion that would have fallen to his or her deceased ancestor; the opposite of per capita. E.g., Grandmother has three daughters, A, B, and C. A is still alive but B and C are dead. A has one child, B has one child, and C has four children. If Grandmother dies and leaves $300,000, under a per stirpes arrangement, A will inherit $100,000 and her child will inherit nothing; B’s child will take his dead mother’s share of $100,000; and C’s four children will divide their mother’s share of $100,000, each receiving $25,000.
The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008.
- per stirpes
-
Under a will, a method of determining who inherits property when a beneficiary has died before the will maker, leaving living children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Freds will states that heirs of a deceased beneficiary are to receive the property "per stirpes," Julie will receive one-half of the property, and Alans two children will share his half in equal shares (through Alan by right of representation). If, on the other hand, Freds will states that the property is to be divided per capita, Julie and the two grandchildren will each take a third.Category: Wills, Trusts & Estates → Wills
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
- per stirpes
-
England, WalesLatin for "by branch".In the context of wills, intestacy and trusts, it usually means that each branch of a family is to receive a specified share of an estate or a trust fund.For example, Ninah makes a will leaving her residuary estate to her grandchildren living at her death in equal shares per stirpes. Ninah has three daughters, Lilly, Enid and Rachel. On Ninah's death Lilly has one child (Sylvia), Enid has two children (Max and Margaret) and Rachel has three children (Violet, Albert and Emma). Ninah's residuary estate is divided as follows:• Sylvia receives a one-third share.• Max and Margaret each receive a one-sixth share.• Violet, Albert and Emma each receive a one-ninth share.See also per capita.
Practical Law Dictionary. Glossary of UK, US and international legal terms. www.practicallaw.com. 2010.
- per stirpes
-
adj./adv. Latin By or through roots and stocks. A proportional division of the estate among beneficiaries according to the share of descent from their deceased ancestor. Essentially, each beneficiary gets shares of stock in the estate based upon the closeness of relationship to the deceased. Distinct from per capita.
Webster's New World Law Dictionary. Susan Ellis Wild. 2000.
- 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.
Dictionary from West's Encyclopedia of American Law. 2005.
- per stirpes
-
I
[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.II By representation; use to designate the manner of rights of descendants where children of a deceased descendant will take the share which their parent would have taken if living.
Short Dictionary of (mostly American) Legal Terms and Abbreviations.
- 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 way to make this more clear is to substitute for per stirpes: ":to her children, by right of representation, share and share alike," which 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.
Law dictionary. EdwART. 2013.
