Legal Definitions - in stirpes

The Latin legal term in stirpes (pronounced "in STUR-peez") describes a common method for distributing assets from an estate, such as money or property, when a will or trust specifies how beneficiaries should inherit. When an estate is distributed "in stirpes," it means that if a primary beneficiary named in the will or trust dies before the person who created the will (the "testator"), that deceased beneficiary's share will then pass down to their direct descendants (their children, grandchildren, and so on) in equal portions.

This method ensures that each "branch" of the family receives an equal share of the inheritance, even if the number of individuals in each branch differs. It prioritizes the lineage of the original beneficiaries, rather than dividing the estate equally among all surviving individuals regardless of their family line.

Here are a few examples to illustrate how "in stirpes" distribution works:

• Example 1: Deceased Child with Descendants

  Imagine a woman named Eleanor creates a will stating that her estate should be divided "in stirpes" among her two children, Michael and Sarah. Before Eleanor passes away, her son Michael dies, leaving behind two children of his own, Liam and Olivia (Eleanor's grandchildren). Sarah is still alive and has no children.

  How it applies: Because the will specifies "in stirpes," Sarah will receive her 50% share of Eleanor's estate. Michael's 50% share will not go to Sarah; instead, it will be divided equally between his children, Liam and Olivia. Therefore, Liam will receive 25% of the estate, and Olivia will receive 25% of the estate. Sarah's potential future children would not inherit directly as long as Sarah is alive.

• Example 2: Multiple Deceased Children with Varying Numbers of Descendants

  Consider Robert, who has three children: Alice, Brian, and Carol. His will states that his estate should be distributed "in stirpes" to his children. Sadly, both Alice and Brian die before Robert. Alice leaves behind one child, Emily. Brian leaves behind two children, Frank and Grace. Carol is still alive and has three children.

  How it applies: Carol, being alive, receives her full one-third (1/3) share of Robert's estate. Alice's one-third share passes entirely to her sole child, Emily. Brian's one-third share is divided equally between his two children, Frank and Grace, meaning Frank receives one-sixth (1/6) and Grace receives one-sixth (1/6) of the total estate. Carol's children do not inherit directly because Carol is alive to receive her share.

• Example 3: Deceased Grandchild with Descendants

  Suppose Maria's will leaves her estate "in stirpes" to her two children, David and Elena. David dies before Maria, leaving two children, Peter and Quinn. Then, Peter also dies before Maria, leaving one child, Rose. Elena is still alive.

  How it applies: Elena receives her 50% share of Maria's estate. David's 50% share is then divided among his descendants. Since Peter (David's child) is also deceased, Peter's portion of David's share passes to his child, Rose. Thus, Quinn receives 25% (half of David's 50% share), and Rose receives 25% (Peter's half of David's 50% share). This demonstrates how the "in stirpes" distribution follows the family branches down through generations.