Per Stirpes
A distribution rule meaning "by branch": if a beneficiary dies before the testator, that beneficiary's share passes down to their own descendants rather than lapsing or shifting to co-beneficiaries. The alternative, per capita, divides equally among surviving members of a generation.
What it means
Per stirpes keeps an inheritance within a deceased beneficiary's family line — a child's share flows to that child's children. Per capita redistributes among survivors at the same level. The choice materially changes outcomes in blended and multi-generation families, which is why a well-drafted will states the rule explicitly instead of leaving it to state anti-lapse defaults.
Primary sources
Read more
- Will vs Living Trust: Which One Do You Need? (2026) — Will vs living trust in plain English: what each costs, what probate really means, and a decision table showing which fits your estate — or whether you need both.