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Per stirpes (/ p ɜːr ˈ s t ɜːr p iː z /; "by roots" or "by stock") [1] is a legal term from Latin, used in the law of inheritance and estates.An estate of a decedent is distributed per stirpes if each branch of the family is to receive an equal share of an estate.
Two stirpes. C is a stirpes, as he is a surviving descendant of A. D is a stirpes, because he is survived by a descendant. In other words, although D and H are both deceased, D is survived by his grandchild; therefore it is D who is the stirpes, not I. If B is unworthy to inherit, or if he chooses not to, F and G may represent B in order to ...
When this term is applied to estate planning, it refers to the equal distribution of assets among the different branches of a family and their surviving descendants. Per Stirpes vs. Per Capita in ...
Where the surviving spouse does not stand to inherit, and unless the will indicates otherwise, the renounced benefit must devolve on the descendants of that descendant per stirpes. The effect of adiation is that the heir or legatee acquires a vested personal right against the executor for delivery of the asset once the estate has been liquidated.
However, you can typically name successor beneficiaries on assets or accounts, and/or specify beneficiary interests to be handled either per-stirpes or per-capita.It’s important to note that ...
Per stirpes: This payout method may be useful if a named beneficiary dies before the policyholder or before the payout can be distributed. Instead of the entire life insurance payout going to the ...
But a form of implied direct substitution has been created by statute: Whenever a testator's predeceased descendant would have taken any benefit under the testator's will, had he survived the testator, the descendants of that descendant are entitled to take that benefit per stirpes, unless the will's terms indicate a contrary intention.
Intestacy has a limited application in those jurisdictions that follow civil law or Roman law because the concept of a will is itself less important; the doctrine of forced heirship automatically gives a deceased person's next-of-kin title to a large part (forced estate) of the estate's property by operation of law, beyond the power of the deceased person to defeat or exceed by testamentary gift.