Legal Definitions - stirpal

The term stirpal is an adjective used in inheritance law to describe a method of distributing an estate. When an estate is distributed in a stirpal manner, it means the inheritance is divided "by roots" or "by branches" of a family, rather than equally among all individual beneficiaries at the same generational level.

Essentially, a stirpal distribution ensures that a deceased person's descendants collectively receive the share that their ancestor would have received if they had been alive. This approach prioritizes the family line or "branch" over individual equality among all living heirs.

Here are some examples to illustrate this concept:

• Example 1: Grandchildren inheriting from a grandparent's will

  Imagine a will states that an estate should be distributed "per stirpes" (a common phrase indicating a stirpal distribution). The deceased had three children: Alice, Bob, and Carol. Alice is still alive. Bob passed away years ago, leaving two children (the deceased's grandchildren). Carol also passed away, leaving three children (also the deceased's grandchildren).

  How it illustrates stirpal: In a stirpal distribution, the estate is first divided into three equal shares, one for each of the deceased's children. Alice receives her full one-third share. Bob's two children collectively split Bob's one-third share (each receiving one-sixth of the total estate). Carol's three children collectively split Carol's one-third share (each receiving one-ninth of the total estate). This is a stirpal distribution because the inheritance flows down the family branches, with each branch receiving its ancestor's original share.

• Example 2: Intestate succession among nieces and nephews

  Consider a situation where an individual dies without a will (intestate), and state law dictates that the estate should be distributed "per stirpes" when there are no direct descendants, parents, or siblings. The deceased had two siblings, John and Jane, both of whom are also deceased. John had one child (Niece Sarah). Jane had two children (Nephew Tom and Niece Emily).

  How it illustrates stirpal: The estate would first be notionally divided into two equal shares, one for each deceased sibling. Niece Sarah, as John's sole descendant, would receive John's entire one-half share. Nephew Tom and Niece Emily would split Jane's one-half share (each receiving one-quarter of the total estate). This demonstrates a stirpal distribution because Sarah receives a larger portion than Tom or Emily individually, as she represents her entire "stirps" or family branch.

• Example 3: Trust distribution to future generations

  A family establishes a trust designed to provide for their children and, subsequently, their grandchildren. The trust document specifies that upon the death of the primary beneficiaries (the grantor's children), the remaining assets are to be distributed to their descendants "stirpal."

  How it illustrates stirpal: If one of the grantor's children dies, their children (the grantor's grandchildren) would collectively inherit the portion that their parent would have received from the trust. This contrasts with a "per capita" distribution, where all grandchildren would split the remaining trust assets equally regardless of which child they descended from. The stirpal clause ensures that each branch of the family maintains its proportional share through successive generations, reflecting the original intent to distribute by family line.