Distribution problems for executors when relatives cannot be located

Leaving beneficiary details helps streamline estate administration


Not everyone lives and works in the community in which they grew up, surrounded by family and friends.

Many leave to pursue opportunities elsewhere, maybe never to return.  Family ties may weaken in time, and contact is lost. What if you want to leave them something in your will?


Per stirpes, per capita and deceased estate distribution

Per stirpes and per capita distribution of a deceased estate

Per stirpes and per capita are Latin terms referring to the ways in which a person’s estate can be distributed among their descendants, their children, grandchildren and so on.  A person’s descendants are often referred to as “issue” in succession and inheritance law. As the term ‘issue’ refers to more family than just ‘children’ this can lead to confusion when interpreting what a will-maker intended.   For more see this article on using the words “issue” and “children” in wills.

Per stirpes and per capita are different ways of distributing property among a group or class of people, either under a will or when there isn’t one. They address the situation where one or more family descendants of a person have predeceased them. Per stirpes means ‘by the stocks, roots or branch” and per capita means ‘by the head’, by each individual person in equal shares. More

Issue and children in wills – say what you mean

“Issue” is a legal word often used in wills regarding estate distribution

Language can be confusing. Words like ‘issue’ and ‘children’, may be thought of in one way by some, but be interpreted differently by others, see graphic.

Meaning of issue, meaning of issue of parents, issue and children in wills, next-of-kin, inheritance, succession, legal definition, meaning of the word 'issue'They have the potential to generate different interpretations and outcomes.

The problems may not arise until the will-maker has passed away; leaving the question what did they really mean?  This article is about the meaning of issue in wills.