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

For more on this topic see: ‘‘My issue” – considering the meaning of issue in wills’ 

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

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'Key Points:  “Issue” is a legal term meaning all of a person’s lineal descendants, including but not limited to their children.  This difference is important in interpreting distribution and substitution clauses in wills.   Take care when using the words “children” and “issue” in a will and seek professional advice.

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.  They have the potential to generate different interpretations and outcomes.  The problems may not arise until later, leaving the question what did the deceased really mean?  This article is about the meaning of issue in wills.
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