PER STIRPES

'Per stirpes' is a law Latin phrase (meaning ''by branch'') used in wills that specifies that each family ''branch'' of a group of beneficiaries is to receive an equal share of an estate, usually to take effect in the case where the first choice beneficiary has died and their share is to be redistributed to their descendants.
"stirpes" is pronounced with two syllables as if the words 'stir' and 'peas' were joined together.

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Example

Example

Suppose that the testator is ''A'', whose will specifies that his or her estate is to be divided among his descendants living at his death in equal shares ''per stirpes''. ''A'' has three children, ''B'', ''C'', and ''D''. ''B'' is already dead, but has left two children (grandchildren of ''A''), named ''B1'' and ''B2''. When ''A'''s will is executed,
under a ''per stirpes'' division, ''C'' and ''D'' each receive one-third of the estate, and ''B1'' and ''B2'' each one sixth, because their "branch" of the family has received one equal share. Under a per capita distribution, each of the surviving descendants ''B1'', ''B2'', ''C'', and ''D'' would have received one quarter of the estate.
Similarly, if grandchild ''B1'' had also died before ''A'' but left two children, ''B1a'' and ''B1b'', a ''per stirpes'' division would still give one third to each of ''C'' and ''D'' and one sixth to ''B2''. The one sixth allocated to the ''B1'' branch would be divided between ''B1a'' and ''B1b'', with each receiving one twelfth of the original estate.
To give the effect indicated in the previous two examples the clause should also include a provision that no beneficiary being a grandchild or remoter descendant will take a share if his or her parent is alive and takes a share.
At least one state, such as New York, has a statute that modifies this definition, however. Under New York law, the number of branches is determined by reference to the generation nearest the testator which has a surviving descendant. Thus, in the first example, if ''C'' and ''D'' also are already dead, and each left one child, named (respectively and appropriately) ''C1'' and ''D1'', then each of ''B1'', ''B2'', ''C1'' and ''D1'' would receive one quarter of the estate.
Note that the spouses of the children (that is, B, C, and D spouses) are not considered. Spouses are not a part of the branch. Therefore, even if B, C or D died leaving a spouse as well as children, all (100%) of the assets pass to the children and (0%)nothing passes to the spouses of A's children B, C, and D. From the example above, if A's child B died before A's death, A's grandchildren B1 and B2 would each receive half of B's share. Even if B had a living spouse at the time of A's death, he/she would receive nothing from A's estate.