Also known as: modern American per stirpes · per stirpes · modern per stirpes
Written by attorneys · grounded in primary & secondary sources — see below
A method of distributing property to descendants by representation. The estate is first divided into equal shares at the generation nearest the designated ancestor that contains at least one surviving descendant. Each surviving member of that generation receives one share. The share of any deceased member who left surviving descendants is then divided in the same manner among that member's descendants at the next generation.
Caleb left farmland to his children and their issue per stirpes. At distribution Ben survived while Anne had died leaving sons Dan and Eric and Clara had died without descendants. The estate is divided into two shares at the children's generation. Ben receives one share outright. Anne's share is divided equally between Dan and Eric with Dan's portion then split among his three children.
A trust terminates twenty-one years after the last grandchild's death and directs distribution to the issue of the grandchildren by right of representation. Several grandchildren have died leaving surviving descendants. Those descendants receive the shares their deceased ancestors would have taken with further subdivision occurring at each succeeding generation until the property reaches living takers.
Select any source to read its text and confirm it supports the definition.
The first division occurs at the generation nearest the designated ancestor that contains at least one surviving descendant. Surviving members of that generation each receive one share. Shares of deceased members with surviving descendants are then subdivided at the next generation.
Supporting sources
The predeceased child's share passes down that child's line. It is divided equally among the predeceased child's surviving children or further subdivided if those children have also died leaving descendants.
Supporting sources
That branch is disregarded in the initial division. No share is created for a deceased child who left no descendants so the estate is divided only among the branches that have surviving takers.
Supporting sources
No. Shares are not equalized across generations. Descendants in the same generation receive equal shares but more remote descendants receive only the subdivided portion that reaches their branch.
Supporting sources
…of trust income and principal (after the death of the testator and his wife) points to equal treatment of the testator’s issue per stirpes, there is a sufficient contrary intent shown to overcome the rule of construction that the class gift of income to grandchildren is given to them as joint tenants with the right of…