Legal Definitions - stirpital

The term stirpital refers to a method of distributing an inheritance or estate where assets are divided among beneficiaries per stirpes. This means that the inheritance is distributed equally among the primary branches of a family. If a beneficiary in one of these primary branches has passed away, their share is then divided equally among their direct descendants (children, grandchildren, etc.), rather than being redistributed among the surviving primary beneficiaries. It ensures that each family line receives its designated portion, preserving the original intent of the distribution.

Here are a few examples to illustrate the concept of a stirpital distribution:

• Example 1: A Will's Provisions

  Mrs. Henderson writes her will, stating that her estate should be distributed "stirpitally" among her descendants. She has two children, Sarah and Tom. Sarah is alive and has three children. Tom passed away years ago, leaving two children (Mrs. Henderson's grandchildren), Emily and Noah.

  In this stirpital distribution, Mrs. Henderson's estate would first be divided into two equal shares: one for Sarah's branch and one for Tom's branch. Sarah would receive her full half of the estate. Since Tom is deceased, his half of the estate would then be divided equally between his children, Emily and Noah, ensuring that Tom's family line still receives its designated portion.

• Example 2: Trust Fund Beneficiaries

  A philanthropic foundation establishes a perpetual trust to provide scholarships for the descendants of its founder, Mr. Rodriguez. The trust specifies that annual scholarship funds are to be distributed on a "stirpital basis" among Mr. Rodriguez's four original family lines. One of these lines, originally represented by Mr. Rodriguez's son, David, now has no living direct descendants. Another line, represented by his daughter, Maria, has several living grandchildren, but Maria herself has passed away.

  Under the stirpital provision, the scholarship funds would initially be divided into four equal portions, one for each of Mr. Rodriguez's original family lines. The portion for David's line, having no living descendants, might revert to the trust or be redistributed according to other trust rules (often to the other stirpes). For Maria's line, her original portion would then be divided equally among her living descendants (her grandchildren), ensuring that her branch continues to benefit from the trust, even though she is no longer alive.

• Example 3: Intestate Succession (No Will)

  Mr. Lee dies without a will, meaning his estate must be distributed according to state law (intestate succession). The state's law mandates a "stirpital" distribution among his descendants. Mr. Lee had three siblings: Anna, Brian, and Clara. Anna is alive and has one child. Brian passed away before Mr. Lee, leaving two children. Clara is also alive and has no children.

  Because the distribution is stirpital, Mr. Lee's estate would first be divided into three equal shares, one for each sibling's branch. Anna would receive her full one-third share. Brian's one-third share, because he is deceased, would then be divided equally between his two children. Clara would receive her full one-third share. This method ensures that each sibling's family line receives its designated portion, even if a sibling has passed away.