Wills, Estates & Probate

Per Stirpes

Also known as: by branch, by representation

In plain English

A way of dividing a gift so that if a beneficiary has died, their children share the portion that parent would have received.

What it means

Per stirpes (Latin for 'by the branch') is a method of distributing an estate where a deceased beneficiary's share passes down to their own children, who divide that share between them. This ensures each family 'branch' receives an equal portion. For example, leaving an estate to your children per stirpes means that if one child has died, their children inherit that child's share. The concept appears in wills and in the intestacy rules of Australian states and territories.

How it's used

He left his estate to his three children per stirpes, so his late son's share was divided among that son's two children.

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