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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 ...
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 ...
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 ...
A per quod statement is typically used to show that specific acts had consequences which form the basis for the legal action. per se: by itself Something that is, as a matter of law. per stirpes: by branch An estate of a decedent is distributed per stirpes, if each branch of the family is to receive an equal share of an estate. periculum in ...
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.
Continue reading ->The post Per Stirpes vs. Per Capita in Estate Planning appeared first on SmartAsset Blog. When creating an estate plan, one of the most basic documents you may wish to include ...