Per stirpes

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Per stirpes (/pɜːr ˈstɜːrpiːz/; "by roots" or "by stock")[1] is a legal term from Latin, used in the law of inheritance and estates. An estate of a decedent is distributed per stirpes if each branch of the family is to receive an equal share of an estate. When an heir in the first generation of a branch predeceased the decedent, the share that would have been given to that heir would be distributed among that heir's issue in equal shares. It may also be known as strict per stirpes[2] or the old English approach,[3] and differs from distribution per capita, as members of the same generation may inherit different amounts.[4] In section 33 of the Wills Act 1837 in England and Wales, it is called according to their stock.[5]

  1. ^ Appellate Division, New York (State) Supreme Court (1931). Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York. Banks & Bros.
  2. ^ BAR/BRI, 2L/3L Outlines (Dallas, Texas: Barbari, 2015), Wills: 2.
  3. ^ Wendel, Peter (2010). Wills, Trusts, and Estates (8th ed.). New York: Aspen. p. 30.
  4. ^ Black, Henry Campbell. "Per stirpes". Black's Law Dictionary (2nd ed.). West Publishing. Retrieved 10 December 2012.
  5. ^ Wills Act 1837 3(3) as amended