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Mar 9, 2024 · Per stirpes is a stipulation that should a beneficiary predecease the testator, the beneficiary's share of the inheritance goes to his heirs . While the term per stirpes is commonly used in ...
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Per stirpes ( / pɜːr ˈstɜːrpiːz /; "by roots" or "by stock") [1] is a legal term from Latin, used in the law of inheritance and estates. An estate of a decedent is distributed per stirpes if each branch of the family is to receive an equal share of an estate. When an heir in the first generation of a branch predeceased the decedent, the ...
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Nov 1, 2009 · A round-up of recent wills and trust cases. Sunday, 01 November 2009. A summary of several interesting cases covering issues such as a review of the definition of "per stirpes", foreign revenue enforcement, rescission of trust documentation, trustees' indemnity and proprietary estoppel. Doctrines old and new have been before the Courts in ...
Strict Per Stirpes Distribution. Under the per stirpes distribution (aka strict per stirpes, also called English per stirpes because it was derived from old English law), the estate is divided by the number of members of the 1st generation, who are either alive or are survived by issue. Each member who is alive takes that share, and the shares ...
The phrase descendants, per stirpes, is commonly used to describe how a deceased person’s assets are to be distributed among his or her descendants. Its application depends upon which descendants survive, and how closely related each is to the deceased person. For example, a Living Trust might contain the following provision:
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Aug 12, 2013 · Per stirpes— literally, “by branch”—is a method of property distribution. These two words explain whom testators would like to inherit if their heirs predecease them. In most cases, the words never become operative. If, for example, you leave your property to your children, your children will likely inherit it.
Jan 11, 2016 · Per Stirpes. The Latin term per stirpes is commonly used in estate planning to describe how a person making a will would like his assets to be distributed. In case a family beneficiary dies before the will’s owner, a per stirpes distribution means that person’s portion of the assets go directly to that beneficiary’s heirs.
