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Per stirpes (/ pɜːr ˈstɜːrpiːz /; "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. When an heir in the first generation of a branch predeceased the decedent, the ...
The 1580 Ordinance adopted the schependomsrecht distribution per stirpes, restricting it in the case of collaterals to the fourth degree inclusive. Finally, the 1599 Placaat compromised between the two systems with respect to distribution, and gave one half of the estate to the surviving parent, and the other half to the descendants of the ...
The South African law of succession prescribes the rules which determine the devolution of a person's estate after his death, and all matters incidental thereto. It identifies the beneficiaries who are entitled to succeed to the deceased's estate, and the extent of the benefits they are to receive, and determines the different rights and duties that persons (for example, beneficiaries and ...
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 ...
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 ...
Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. [1] Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estate; the remaining estate forms the "intestate estate". Intestacy law, also referred to as the law of ...
In inheritance, a pari passu distribution can be distinguished from a per stirpes (by family branch) distribution. [3] For example, suppose a testator had two children A and B. A has two children, and B has three.
McArthur v. Scott, 113 U.S. 340 (1885), regarded a suit brought to contest a will which directed land to be conveyed to or divided among remaindermen at the expiration of a particular estate, are to be presumed, unless clearly controlled by other provisions, to relate to the beginning of enjoyment by remaindermen, and not to the vesting of the title in them.