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per stirpes :: legal definition


Per stirpes - (purr stir-peas) adj. 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.

See also: descent and distribution trust will and Related Law Terms ↓


Related Law Terms

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charitable remainder trust (Charitable Remainder Irrevocable Unitrust) :: n. a form of trust in which the donor (trustor or ... ed up or committed. See also: trust
conditional bequest :: n. in a will, a gift which will take place only if ... rries." See also: bequest executory
distribute :: v. 1) the dividing up of those assets of an estate ... and distribution probate trust will
generation skipping :: adj., adv. referring to gifts made through trusts ... to a grandchild without a gift tax.
in kind :: adj. referring to payment, distribution or substit ... . See also: distribution trust will
issue :: 1) n. a person's children or other lineal descenda ... the body incorporation share stock
lapse :: 1) v. to fail to occur, particularly a gift made i ... eficiary devisee legatee trust will
living trust :: n. sometimes called an inter vivos (Latin for "wit ... thrift clause trust trustee trustor
pour over will :: n. a will of a person who has already executed a t ... invalid trust. See also: trust will
reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation.
residue :: n. in a will, the assets of the estate of a person ... distribution residuary bequest will
share and share alike :: adj. referring to the equal division of a benefit ... among the three surviving nephews.
spendthrift clause :: n. a provision in a trust or will that states that ... tly to Junior. See also: trust will
trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor
will :: n. a written document which leaves the estate of t ... will and testament probate testator

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