What does per stirpes mean in legal terms?

by branch
Per stirpes is a Latin phrase that translates literally to “by roots” or “by branch.” In the estate context, a per stirpes distribution means that a beneficiary’s share passes to their lineal descendants if the beneficiary dies before the inheritance vests.

What does per stirpes mean on a beneficiary form?

A per stirpes designation means that if a named beneficiary dies before the Insured dies, the children of the named beneficiary are entitled to the benefits, or the grandchildren of the named beneficiary if the children aren’t alive, or the great-grandchildren of the named beneficiary if the grandchildren aren’t alive.

What does per stirpes apply?

Key Takeaways. Per stirpes stipulates that a beneficiary’s heirs receive the inheritance should the beneficiary die before the testator. The term refers to every person down a branch of a family tree.

What is per stirpes example?

Using per stirpes is a quick way to name contingent beneficiaries for your property. For example, say you have three children — Alan, Beth, and Claude — and when you die you want to split your estate equally among them. But Alan passes away before you, leaving behind two children of his own.

What is per stirpes law?

Convenient, Affordable Legal Help – Because We Care! Per Stirpes Law and Legal Definition. Per stirpes is a Latin term meaning “by roots,” or by representation. The term is often used in wills and trusts to describe how to carry out a distribution when a beneficiary dies before the person whose estate is being divided.

Why don’t we use the term’per stirpes’in our wills?

At Nolo, we don’t use the term “per stirpes” in our wills because we think that a will is better off without it. “Per stirpes” is an old-fashioned term frequently used (sometimes misused) by attorneys and rarely fully understood by will makers.

What is a per stirpes distribution in a will?

In case a family beneficiary dies before the will’s owner, a per stirpes distribution means that person’s portion of the assets go directly to that beneficiary’s heirs. There are other options if the will’s owner (called a “ testator ”) does not want his assets to be distributed this way.

What does’per stirpes’mean?

She has been in the accounting, audit, and tax profession for more than 13 years, working with individuals and a variety of companies in the health care, banking, and accounting industries. “Per stirpes” is a designation made during estate planning. It refers to how your estate would be distributed if your beneficiaries were to die before you.