per stirpes

per stirpes
per stir·pes /pər-'stər-pēz, per-'stir-pās/ adv or adj [Latin, by familial stocks]: by right of representation
the 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. . 1996.

per stirpes
(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. . 2008.

per stirpes

Collins dictionary of law. . 2001.

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. . 2009.

per stirpes
England, Wales
Latin 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. . 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. . 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
[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]
   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. . 2013.

Look at other dictionaries:

  • Per stirpes — is a law Latin phrase (meaning by branch ) used in wills that specifies that each family branch of a group of beneficiaries is to receive an equal share of an estate, usually to take effect in the case where the first choice beneficiary has died… …   Wikipedia

  • per stirpes — perˈstirˌpās, ˌpərˈstər(ˌ)pēz adverb (or adjective) Etymology: Latin : by familial stocks : as representatives of the branches of the descendants of a person used of a mode of reckoning the rights or liabilities of descendants in which the… …   Useful english dictionary

  • per stirpes — Per class, particularly distribution by the class. 23 Am J2d Deeds § 200. Taking together the share that a parent would have taken. Anno: 126 ALR 159; 57 Am J1st Wills § 1291. By representation; taking a share which a deceased ancestor would have …   Ballentine's law dictionary

  • per stirpes — Latin, by families, by stocks; in legal use, for inheritances, etc., opposed to per capita …   Etymology dictionary

  • Per stirpes — (lat.), bei Theilungen, wenn das Ganze nach der Zahl der Stämme u. der Antheil eines jeden Stammes nach der Zahl der einzelnen Glieder zerfällt wird …   Pierer's Universal-Lexikon

  • Per stirpes — (lat., »nach Stämmen«), Ausdruck bei Erbteilungen, wenn diese nach der Zahl der Stämme geschehen (Gegensatz: in capita, »nach Köpfen«). Vgl. Erbfolge, S. 889 …   Meyers Großes Konversations-Lexikon

  • Per stirpes — Per stirpes, lat., (Vertheilung) nach Stämmen im Verhältniß der einzelnen Glieder von jedem derselben …   Herders Conversations-Lexikon

  • per stirpes — /perr sterr peez, peuhr/, Law. pertaining to or noting a method of dividing an estate in which the descendants of a deceased person share as a group in the portion of the estate to which the deceased would have been entitled. Cf. per capita (def …   Universalium

  • per stirpes — adverb or adjective Etymology: Latin, by familial stocks Date: 1682 in equal shares to each member of a specified class with the share of a deceased member divided proportionately among his or her beneficiaries (as children) < the estate was… …   New Collegiate Dictionary

  • Per Stirpes — A stipulation that, should a beneficiary predecease the testator, the beneficiary’s share of the inheritance will go to his or her heirs. While the term per stirpes is commonly used in reference to assets under a will, it is sometimes used… …   Investment dictionary

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