Legal Speak Made Easy

“Per stirpes”

You’ll come across the Latin term “per stirpes” often in wills. It’s an important concept, translating literally as “by roots” or “by stock” and telling everyone, in simple terms, that you want your estate to be divided equally between the branches of your family rather than between individuals.

Take for example a testator who leaves their estate 50/50 to two children. If one child dies before the testator, the surviving child gets their full 50% whilst the deceased child’s 50% is divided equally between that child’s children (e.g. 25/25 if there are two of them). And so on, down the line.

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