What is meant by ‘per stirpes’ and ‘per capita’ regarding a Will?

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What is meant by ‘per stirpes’ and ‘per capita’ regarding a Will?

Asked on April 29, 2017 under Estate Planning, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Per stirpes is Latin for “by the roots". If an estate is distributed per stirpes, each living member of a group of beneficiaries will receive an equal share of the estate. However, if one of the beneficiaries predeceases the maker of the Will (i.e. the "testator"), that beneficiary’s descendants will receive the share of the estate to which their parent would have been entitled.
Per capita is Latin for “by the head". If an estate is distributed per capita, all the living members of an identified group of beneficiaries will receive an equal share of the decedent’s estate. However, if a member of the group predeceases the testator, then their share would pass to the other members of the group rather than to their descendants.
Here is a link to a site that will explain further: https://law.freeadvice.com/estate_planning/wills/per-stirpes-per-capita.htm


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