Legal Definitions - Pure per stirpes

Pure per stirpes is a legal method used to distribute the assets of a person who has died without a valid will (known as dying "intestate"). This system ensures that an estate is divided among the deceased person's descendants, with shares determined by generation, always starting at the level of the deceased's children.

Here's how it works:

• Determining Primary Shares: The estate is first divided into a number of equal "primary shares" at the generation closest to the deceased person – specifically, their children. Each living child represents one primary share. If a child has passed away, they still represent a primary share only if they have living descendants of their own. If a deceased child has no living descendants, they are disregarded, and no primary share is allocated through them.
• Passing Down Shares:
  • A living child receives their full primary share.
  • If a child has passed away but has living children (the deceased's grandchildren), that deceased child's primary share is then divided equally among their living children.
• Starting Point Rule: Even if all of the deceased's children have passed away, the initial division into primary shares always begins at the children's generation. The number of primary shares is determined by counting the deceased's children who either are still living or who have living descendants.

Examples:

• Scenario 1: Living children and deceased children with descendants.

  Imagine Mr. Chen passes away without a will, leaving an estate worth $300,000. He had three children: Alice (who is still alive), Ben (who passed away before Mr. Chen but had two living children, Chloe and David), and Emily (who is also still alive).

  How Pure per stirpes applies:

  • The estate is first divided into primary shares at Mr. Chen's children's generation. Alice is living, Ben is deceased but has living descendants, and Emily is living. Therefore, there are three primary shares.
  • Each primary share is $100,000 ($300,000 / 3 shares).
  • Alice receives her full primary share of $100,000.
  • Emily receives her full primary share of $100,000.
  • Ben's $100,000 primary share is then divided equally between his two living children, Chloe and David. Chloe receives $50,000, and David receives $50,000.

• Scenario 2: No living children, but deceased children with and without descendants.

  Consider Ms. Garcia, who dies intestate with an estate of $600,000. She had three children, all of whom passed away before her: Leo, Maria, and Nora. Leo had one living child (Olivia). Maria had two living children (Paul and Quinn). Nora had no children.

  How Pure per stirpes applies:

  • The division starts at Ms. Garcia's children's generation. Leo is deceased but has a living descendant (Olivia). Maria is deceased but has living descendants (Paul and Quinn). Nora is deceased and has no living descendants, so she is disregarded when determining the number of primary shares.
  • Therefore, there are two primary shares (for Leo and Maria).
  • Each primary share is $300,000 ($600,000 / 2 shares).
  • Leo's $300,000 primary share goes entirely to his living child, Olivia.
  • Maria's $300,000 primary share is divided equally between her two living children, Paul and Quinn. Paul receives $150,000, and Quinn receives $150,000.

• Scenario 3: All children are deceased, with some having multiple generations of descendants.

  Suppose Mr. Davies passes away without a will, leaving an estate of $400,000. He had two children, Sarah and Tom, both of whom passed away before him. Sarah had one child, Uma (who is living). Tom had two children, Victor (who is living) and Wendy (who passed away before Mr. Davies but had one living child, Xena).

  How Pure per stirpes applies:

  • The primary shares are determined at Mr. Davies' children's generation. Sarah is deceased but has a living descendant (Uma). Tom is deceased and also has living descendants (Victor and Xena, through Wendy). So, there are two primary shares.
  • Each primary share is $200,000 ($400,000 / 2 shares).
  • Sarah's $200,000 primary share goes entirely to her living child, Uma.
  • Tom's $200,000 primary share is divided among his living descendants. Victor receives $100,000 (half of Tom's share). Wendy, though deceased, had a living child (Xena), so Wendy's half of Tom's share ($100,000) goes entirely to Xena.