Authored by Anna Gavrysh, Esq.
You may have seen or heard the term “per stirpes” in the context of estate planning. If you look at your own Last Will and Testament (“Will”) or Trust, you may see the term “per stirpes” throughout the document with referral to the distribution of the estate. So, what does “per stirpes” mean? Literally, it is a Latin term meaning “by the roots” or “by the branches”.
In estate planning, “per stirpes” is a method of distributing assets that ensures if a chosen beneficiary dies before you, their share goes to their children instead of being redistributed among the other beneficiaries. This approach ensures each family “branch” receives its appropriate portion. For example, you create a Will or Trust listing your two (2) children, Child A and Child B, as equal beneficiaries, per stirpes. Child A predeceases you leaving three (3) surviving children of his or her own and Child B survives you. This means that upon your passing, Child A’s three (3) children will inherit 50% of your estate and Child B will inherit the remaining 50% of your estate. See diagram below.
You (Settlor)
|
———————————–
| |
Child A Child B
(predeceased) (survives)
|
———————————–
| | |
Grandchild 1 Grandchild 2 Grandchild 3
(survives) (survives) (survives)
Understanding the term “per stirpes” is important in estate planning because it directly affects how your assets are ultimately passed down to your beneficiaries and it helps prevent accidental disinheritance of grandchildren or other descendants. Knowing whether your estate planning documents use “per stirpes” or an alternate distribution method helps ensure your estate plan accurately reflects your intentions and protects your family’s future.
