Also known as: stirpes · stirpal · stirp ital · per stirpes
Written by attorneys · grounded in primary & secondary sources — see below
A branch of a family or line of descent. When a governing instrument directs per stirpes distribution, the property is divided into equal shares at the first generation of surviving descendants, with each deceased descendant's share passing to that person's own surviving descendants by repeated subdivision at each succeeding generation.
Select any source to read its text and confirm it supports the definition.
Sasha Stone's will leaves her estate in trust for her children with remainder to her issue per stirpes. One child survives Sasha while another predeceases her leaving two children. The trustee divides the remainder into two equal shares, one going outright to the surviving child and the other divided equally between the two grandchildren of the predeceased child.
Simone Sanders creates an irrevocable trust directing income to her daughter for life with remainder to the daughter's issue per stirpes. The daughter dies survived by one child and by two grandchildren of a predeceased child. The trustee allocates one share to the surviving child and divides the second share equally between the two grandchildren.
The property is divided into as many equal shares as there are surviving children of the designated ancestor plus deceased children who left surviving descendants. Each surviving child's share passes outright while each deceased child's share is subdivided among that child's surviving descendants at the next generation, repeating until fully allocated.
That individual is disregarded and the share is not created or is reallocated among the remaining branches at the same generation.
…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…
…said son should predecease him, the Trustee shall pay the net income derived from the trust fund unto the lineal descendants, per stirpes
…If either of my wife's children predceases (sic) her, the predeceased child's share shall be distributed to his or her issue per stirpes
…shall be conveyed, transferred and paid over in equal shares to and among my issue living at that time, such issue taking per stirpes
…set up to let Dorcas have income and right to sprinkle money to Grandchildren when necessary.... When Dorcas dies then the
Yes. The representational direction suggests substitution of descendants for deceased children, leading courts to construe children to mean issue so that a deceased child's line receives the share by representation.
Per stirpes divides initially at the children of the ancestor while per capita at each generation divides at the nearest generation with living descendants and pools remaining shares for further equal division at each lower generation.
It depends on whether the instrument or surrounding circumstances show a different intention. Formal adoption creates a parent-child relationship but facts such as adult adoption, lack of co-residence, and brief employment may indicate the settlor did not intend inclusion of that line.