Per stirpes is a legal term originating from Latin, meaning “by branch.” It is a method of distributing an estate such that, should a beneficiary predecease the testator (the person writing the will), the beneficiary’s share of the inheritance will be passed down to their heirs, rather than being redistributed among surviving beneficiaries.
Key Features of Per Stirpes
- Generational Impact: Each branch of the family receives an equal share of the estate, ensuring descendants of deceased beneficiaries are provided for.
- Avoids Intestate Succession: Implementing a per stirpes distribution can prevent the estate from being subject to state intestacy laws, which may not align with the testator’s wishes.
- Fair Distribution: Ensures a fair and structured inheritance process, maintaining the intended distribution plan even if unforeseen deaths occur.
Practical Applications in Estate Planning
Drafting a Will with Per Stirpes Provisions
When drafting a will, including a per stirpes provision ensures that the testator’s estate is distributed with the following considerations:
- Specified Beneficiaries: Clearly list the primary beneficiaries of the estate and any contingent heirs.
- Heir Specifics: Define who the heirs are, usually the children or grandchildren of the original beneficiary, ensuring clarity.
- Equal Shares: Each branch of the deceased beneficiary will inherit an equal portion of what the original beneficiary would have received.
Example of Per Stirpes Distribution
Consider a will in which a testator specifies their estate to be divided equally among their three children. If one child predeceases the testator but has two children of their own:
- Without Per Stirpes: The deceased child’s share might be divided among the surviving siblings.
- With Per Stirpes: The deceased child’s two children will inherit their parent’s share, maintaining the intended distribution.
Historical Context of Per Stirpes
The concept of per stirpes distribution has deep roots in Roman law, where it was used to ensure the wealth and belongings of the deceased were passed down within the family line. This method has been adapted over centuries to fit modern estate planning needs, emphasizing the protection of familial wealth and lineage.
Comparisons and Related Terms
Per Capita
Unlike per stirpes, a per capita distribution divides the estate equally among all living descendants of the same generation, possibly resulting in unequal shares if there are differing family sizes.
FAQs
What happens if an heir predeceases the testator in a per stirpes distribution? The heir’s share is divided among their descendants, ensuring that the branch of the family is still accounted for.
Is a per stirpes distribution method legally binding? Yes, if clearly stated in the will, it is legally enforceable and will guide how the estate is distributed.
References
- Black’s Law Dictionary
- Estate Planning Basics by Denis Clifford
- The American Bar Association Guide to Wills and Estates
Summary
Per stirpes is a crucial element in estate planning, ensuring that a testator’s wishes are upheld and that their estate is distributed fairly among beneficiaries and their descendants. By understanding and implementing per stirpes provisions, individuals can provide for their families according to their specific intentions, maintaining fairness and clarity throughout the inheritance process.
