What does per stirpes mean when it is underlined in a last will and testament

UPDATED: Oct 1, 2022

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What does per stirpes mean when it is underlined in a last will and testament

The whole sentence in the will is as follows
I hereby give, devise and bequeath all rest, residue and remainder of my
property, whether real, personal or mixed, wherever situated, to my
children, their names listed here in the will but I am not listing them
here, share and share alike, per stirpes. per stirpes is underlined in
the will

Asked on October 29, 2017 under Estate Planning, Kansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Each person named receives an equal share. If anyone named passes away before the person making the will and that person's own heirs inherit, they divide that person's share up among themselves. Example: the will leaves everything per stirpes to three children and say that if any pass away, his/her share goes per stirpes to his/her children (the grandchildren of the testator, or person making the will). So, the children are A, B, and C: each gets 1/3. If A has two children of her own and passes away, then B and C still each get one 1/3, while A's own children, D and E, share A's thirds and therefore get 1/6th each.

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