Definition
Per stirpes is a distribution method in wills where each family branch receives an equal share, with deceased beneficiaries' children inheriting their parent's portion equally between themselves.
This Latin term meaning "by roots" or "by stock" ensures inheritance stays within family bloodlines and prevents unintended disinheritance of grandchildren when beneficiaries predecease you.
What Does Per Stirpes Mean?
Per stirpes (pronounced "per STIR-peez") distributes estates so each family branch receives an equal share, regardless of how many people are in that branch. Under the Administration of Estates Act 1925, Section 47, per stirpes applies automatically in intestacy, with each branch receiving their ancestor's share rather than per capita ("by head") distribution.
When a beneficiary predeceases you, their share passes to their children (your grandchildren) who divide it equally. This cascades through generations. Sarah leaves £300,000 to her three children—David, Emma, and James—per stirpes. David dies before Sarah but has two children: Oliver and Sophie. Emma and James each receive £100,000 (one-third), while Oliver and Sophie share David's third, receiving £50,000 each. Each branch receives £100,000.
Proper per stirpes provisions require specific language. Use "descendants" or "issue" (children, grandchildren, and further generations) rather than "children." "To my descendants, per stirpes" allows gifts to cascade down generations. "To my children per stirpes" creates a legal contradiction—"children" limits distribution, making "per stirpes" meaningless. This drafting error has caused numerous disputes. Per stirpes protects family bloodlines, eliminates constant will updates when beneficiaries die or have children, and maintains fairness in blended families.
Common Questions
"What happens to my son's inheritance if he dies before me but has children?" If your will uses per stirpes, your son's share passes equally to his children (your grandchildren). If he was due £100,000 and has two children, they each receive £50,000. Without per stirpes, his share might pass to your other beneficiaries, potentially disinheriting your grandchildren.
"Should I use per stirpes or per capita in my will?" Use per stirpes if you want each family branch to receive equal shares, with grandchildren inheriting if their parent predeceases you. Use per capita if you want inheritance divided equally among all living beneficiaries regardless of family branch. Per stirpes is more common in UK wills and protects family bloodlines.
"Do I need to include 'per stirpes' in my will or is it automatic?" Under UK intestacy rules (dying without a will), per stirpes applies automatically under the Administration of Estates Act 1925. In your will, you must state it explicitly using proper language ("to my descendants, per stirpes") to ensure grandchildren inherit if their parent predeceases you.
Common Misconceptions
Myth: Using per stirpes means all beneficiaries receive equal amounts.
Reality: Per stirpes ensures equal shares per branch, not per person. If one branch has more people, each individual receives less. If two children inherit and one has three children while the other has one, the three grandchildren share half the estate (one-sixth each) while the single grandchild receives the other half. Each branch gets the same total, but larger branches divide it among more people.
Myth: I can write 'to my children in equal shares per stirpes' in my will.
Reality: This phrasing is legally contradictory. "To my children" limits distribution to your children, making "per stirpes" meaningless—there's no mechanism for grandchildren to inherit. The correct phrasing is "to my descendants, per stirpes" or "to my issue, per stirpes." These words identify a class including multiple generations, allowing distribution to cascade down family lines.
Related Terms
Understanding Per Stirpes connects to these related concepts:
- Per Capita: Alternative distribution dividing estates equally among all living beneficiaries, producing different outcomes than per stirpes.
- Distribution: The broader process of dividing estates among beneficiaries; per stirpes is one specific distribution method.
- Beneficiary: Per stirpes determines which beneficiaries receive shares when primary beneficiaries predecease the testator.
- Lapse: Gift failure when a beneficiary predeceases with no substitution; per stirpes prevents lapse by substituting descendants.
- Substitution: Per stirpes is a substitution clause specifying descendants inherit if primary beneficiaries cannot.
Related Articles
- Estate Planning Fundamentals: Per stirpes ensures fair asset distribution across generations.
- Beneficiary Designation Strategies: Protect multiple generations when designating beneficiaries.
- Estate Planning for Blended Families: Ensures equal treatment of each family branch in complex family structures.
- Multi-Generational Estate Planning: Enables automatic distribution without will updates when grandchildren are born.
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Per stirpes provisions ensure your estate passes fairly across family branches. Getting the wording right prevents unintended disinheritance.
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Legal Disclaimer: This glossary entry provides general information about UK legal terminology and does not constitute legal advice. For advice specific to your situation, consult a qualified solicitor.