"PER STIRPES"

"Per Stirpes" is used in reference to a bequest made to a group of individuals. It means that, should one of the beneficiaries named in the group die before the maker of the will, then the deceased beneficiary's share shall go to that deceased beneficiary's lineal descendants. By using the words "per stirpes", we are negating the potential argument by the surviving members of the beneficiary group that they should take the deceased beneficiary's share rather than the descendants of said deceased beneficiary.

An example of how the term "per stirpes" operates is as follows. Let us assume that Mr. Smith left the remainder of his estate to his "children in equal shares, per stirpes." Mr. Smith has three children: Moe, Larry, and Curly Joe. Let us further assume that Curly Joe predeceased his father, Mr. Smith, leaving two children of his own: Stooger1 and Stooger2. The words "per stirpes" indicate that Moe & Larry are not entitled to claim Curly Joe's share due to his death before their father. Curly Joe's share would fall to his children to be shared equally by them.

What happens if one beneficiaries from the group who was to receive "per stirpes" predeceases the maker of a Last Will and has no lineal descendants? Continuing our example from above, the situation would be one where Curly Joe predeceased Mr. Smith and was not survived by any children or grandchildren. In such cases, in our forms contain the following provision:

"If a bequest is made "per stirpes" in equal shares to a group of individuals and one of the beneficiaries predeceases me without being survived by at least one lineal descendant, then, and only then, shall his or her share be divided among the remaining beneficiaries for this bequest (including those who predeceased me but are survived by at least one lineal descendant) in equal shares and completely omitting a share for the beneficiary who predeceased me without being survived by at least one lineal descendant."

Again using the example, this means that if Curly Joe predeceases Mr. Smith without being survived by lineal descendants, then Moe & Larry shall share the residuary of the estate equally with no share being reserved for Curly Joe.