Per Stirpes

Per stirpes is a Latin phrase meaning "by the roots" or "by the branch." It is a rule of inheritance used in wills, trusts, life-insurance beneficiary designations, and intestate-succession statutes to determine how property is divided when one or more named beneficiaries have predeceased the testator.

Under a per stirpes distribution, the estate is divided into equal shares at the first generational level below the decedent (typically the children). If a child is alive, that child takes their share directly. If a child has died but left descendants, that child's share is divided equally among their own descendants, who collectively step into the deceased parent's position. This contrasts with per capita distribution, in which all surviving descendants at a given level share equally regardless of branch, and with per capita at each generation, a hybrid approach adopted in the Uniform Probate Code (UPC § 2-106 in the United States).

The doctrine has deep roots in Roman law and was carried into both civil-law and common-law systems. In England and Wales it operates through the Administration of Estates Act 1925 for intestacy; in the United States, state probate codes vary, with some defaulting to per stirpes and others to per capita at each generation. Most commercial beneficiary forms (retirement accounts, life insurance) allow a designator to write "per stirpes" next to a name to ensure the share passes to that person's children rather than lapsing or being redistributed among surviving co-beneficiaries.

Practical drafting tip: courts have occasionally disagreed on whether division begins at the children's level even when all children have predeceased, or at the first level with a living taker. To avoid litigation, well-drafted instruments specify "per stirpes, with division beginning at the level of my children" or use the alternative "by representation" language tied to a statutory definition.