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per stirpes

'Per stirpes' is a Latin phrase meaning "by root" or "by stock," indicating that the distribution of the estate is based on family branches. 

Purpose: 'Per Stirpes' is used in wills to ensure that if a beneficiary dies before the testator, their share of the estate is passed down to their own children or other descendants (their 'issue'), rather than being redistributed among the remaining beneficiaries. Their children must survive you and reach the age of 18 to inherit. If none do, the share fails and is redistributed among your other residuary beneficiaries in proportion to their shares.

Example:

If you have two children and one child passes away before you (predeceases you), leaving two grandchildren, the share of your estate will be divided: one share for the surviving child and the other share split evenly between the two grandchildren. 

 

 


 

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