Legal Definitions - stirpes

Stirpes is a legal term, often encountered in wills and trusts, that describes a specific method for distributing an inheritance based on family lines or branches of descent.

When an estate is designated to be divided "per stirpes" (meaning "by branch"), it signifies that if an original beneficiary has passed away, their designated share of the inheritance is then passed down to their direct descendants (such as their children or grandchildren) as a group. This approach ensures that each family branch ultimately receives an equal portion of the overall inheritance, rather than the deceased beneficiary's share being re-divided among the other surviving beneficiaries of the same generation.

Here are a few examples to illustrate how "stirpes" applies:

• Example 1: Grandchildren Inheriting from a Deceased Child

  Imagine a will where an elderly parent, Mrs. Henderson, states that her estate should be divided "per stirpes" among her three children: Sarah, Mark, and Emily. If Sarah unfortunately passed away before Mrs. Henderson, leaving two children of her own (Mrs. Henderson's grandchildren), Sarah's original one-third share of the estate would not be absorbed by Mark and Emily. Instead, that one-third share would be distributed equally between Sarah's two children, ensuring Sarah's family branch still receives its designated portion. Mark and Emily would each receive their full one-third shares.

• Example 2: Nieces and Nephews Representing a Deceased Sibling

  Consider a scenario where Mr. Davies, who is unmarried and has no children, creates a will stating his estate should be distributed "per stirpes" to his two siblings, Robert and Lisa. If Lisa had passed away several years earlier, leaving three children (Mr. Davies's nieces and nephews), Lisa's original one-half share of Mr. Davies's estate would not go entirely to Robert. Instead, that one-half share would be divided equally among Lisa's three children, ensuring Lisa's family branch receives its share, while Robert receives his one-half share.