What Does "Per Stirpes" Mean in Estate Planning?

When diving into the world of estate planning, you’re bound to encounter legal terms that sound foreign or confusing. One such term is “per stirpes.” While it may sound like complicated legal jargon, understanding this concept is essential for ensuring that your assets are distributed in a fair and predictable way after your passing.

Let’s break it down in simple terms so you can feel confident including it in your estate plan.

What Does “Per Stirpes” Actually Mean?

“Per stirpes” is a Latin phrase that translates to “by branch” or “by roots.” In estate planning, it refers to a method of distributing a person’s estate to their descendants. Specifically, if a beneficiary dies before the person who created the will or trust, that beneficiary’s share goes to their own descendants, rather than being divided among the remaining beneficiaries.



In short, per stirpes ensures that each family branch receives the share intended for them—even if someone in that branch passes away before the estate is distributed.

How Per Stirpes Works: A Simple Example

Imagine a person named Sarah has three children: Alex, Ben, and Claire. Sarah's will states that her estate should be divided per stirpes among her children.

If all three children are alive when Sarah passes, each receives one-third of the estate.

But what if Ben passes away before Sarah, and he has two children of his own? Under per stirpes, Ben’s one-third share doesn’t vanish or get divided between Alex and Claire. Instead, it goes equally to Ben’s children—Sarah’s grandchildren. So, each of Ben’s kids would receive one-sixth of the estate, preserving the inheritance for that branch of the family.

Why Is Per Stirpes Important?

1. Preserves Generational Fairness
Per stirpes ensures that a deceased beneficiary’s children are not disinherited. This can be crucial in maintaining family harmony and ensuring that your legacy continues through each generation.

2. Avoids Unintended Consequences
Without per stirpes, your estate might be distributed only among surviving beneficiaries, unintentionally cutting out grandchildren or great-grandchildren who would otherwise have inherited.

3. Adds Clarity to Your Estate Plan
Including clear instructions like “per stirpes” can help prevent disputes and confusion among family members during an already difficult time.

When Should You Use Per Stirpes?

Per stirpes is most useful when you:

• Want to ensure that your grandchildren inherit their parent’s share if that parent dies before you.
• Have a large or extended family and want to make sure each branch of the family tree is considered.
• Are concerned about fairness and want to avoid disputes among surviving children or other beneficiaries.

It’s commonly used in wills and trusts and is a standard clause in many estate planning documents.

Work with an Experienced Estate Planning Attorney

While per stirpes is a powerful and often beneficial tool, it must be used correctly. Misunderstanding how it applies—or using vague or incorrect language in your documents—can lead to legal complications and family disagreements.

A skilled estate planning attorney can help you:

• Determine whether per stirpes is appropriate for your goals,
• Draft clear and enforceable estate documents, and
• Explore other distribution options (such as per capita) that may better suit your family structure.

Conclusion

Understanding terms like per stirpes is a crucial part of building a well-thought-out estate plan. This simple yet powerful concept helps ensure your wealth continues down your family tree in a fair and structured way. By choosing per stirpes, you can provide for your descendants and maintain your family’s legacy—no matter what the future holds.

If you're ready to create or update your estate plan, consider speaking with a knowledgeable estate planning attorney who can explain your options and help you put your wishes into writing.