What is Per Stirpes in a Will?

Understanding How Inheritance Is Passed Down in Family Lines

When writing or reading a will, you may come across the legal term “per stirpes.” While it sounds complicated, it actually serves a very important purpose in estate planning. Per stirpes provides a way to distribute assets fairly across generations if a beneficiary passes away before the person who created the will.

This article will explain what per stirpes means, how it works in real life, and why including it in a will helps ensure your estate follows your wishes.

Defining Per Stirpes in Simple Terms

Per stirpes is a Latin phrase meaning “by branch” or “by roots.” In estate planning, it refers to how your assets are divided down family lines if a beneficiary dies before you.

When you name beneficiaries in your will per stirpes, you ensure that their children (or descendants) inherit their share if they pass away before you. Instead of skipping that branch of your family, the inheritance follows down to their next of kin.

Why People Use Per Stirpes in a Will

Many people choose to use per stirpes because it protects the inheritance rights of their grandchildren or great-grandchildren. Without this clause, an entire branch of your family might be accidentally left out if a beneficiary dies before you.

For example, if you name your daughter as a beneficiary but she passes away before you, her children (your grandchildren) will receive her share if you included per stirpes in your will. This keeps your estate within the family line, honoring your original intentions.

Example 1

Imagine you have three children: John, Sarah, and Michael. You decide to divide your estate equally between them. However, Sarah passes away before you. Sarah had two children, Emma and Ethan.

If you include per stirpes in your will, Sarah’s one-third share would go to Emma and Ethan equally, meaning they each receive one-sixth of your estate. John and Michael would still receive their one-third shares.

Without per stirpes, John and Michael might each receive half of your estate, leaving Emma and Ethan with nothing.

Example 2

Consider this breakdown of a $999,000 estate (see example image):

• • • Jay Pritchett leaves his estate to his three children: Gloria, Claire, and Mitchell.
    • Gloria and Claire both pass away before Jay.
    • Gloria’s children (Manny and Joe) each receive her one-third share, split equally at $166,500 each.
    • Claire’s three children (Haley, Alex, and Luke) each receive her one-third share, split equally at $111,000 each.
    • Mitchell, who is still living, receives his full one-third share of $333,000.
    • Mitchell’s child, Lily, receives nothing, because Mitchell is still alive.

This example shows how per stirpes ensures that deceased beneficiaries’ descendants still receive their rightful share.

Common Misunderstandings About Per Stirpes

While per stirpes is a useful tool, it’s sometimes misunderstood. Here are a few clarifications:

• It Only Applies When a Beneficiary Has Descendants
  If a beneficiary dies without children, their share is usually split among the remaining beneficiaries.
• It Doesn’t Automatically Apply
  You must specifically include per stirpes language in your will for it to take effect.
• It Doesn’t Skip Generations Unless Intended
  The inheritance goes to the next in line, not randomly to distant relatives or charities.

Why It’s Important to Be Specific

When writing your will, it’s essential to clearly state your wishes. Simply listing names without per stirpes language could leave your family facing legal disputes if a beneficiary dies unexpectedly. Adding per stirpes clarifies how you want your estate handled, avoiding confusion and conflict.

Other Options Besides Per Stirpes

While per stirpes is common, other options exist:

• Per Capita:
  Divides the estate equally among surviving beneficiaries only, not their descendants.
• Per Capita at Each Generation:
  Divides the estate equally within each generation, ensuring fair distribution among living heirs of the same generational level.

These options may work better in certain family situations. Consulting an estate planning attorney can help you choose the right wording.

Final Thoughts

Including per stirpes in your will helps ensure that your estate stays within your family line, even if a beneficiary passes away before you. It offers clarity, fairness, and peace of mind that your wishes will be honored for future generations.

If you haven’t written your will yet, or if your current will doesn’t clearly state how you want your assets divided, consider updating it with per stirpes language. It’s a small step that can make a big difference for your loved ones.

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