Per stirpes is a method of dividing and allocating property among the then living descendants of a specific individual, whereby (a) property is divided into as many equal shares as are necessary to make one share for (I) each living descendant of that individual in the generation nearest to that individual that contains one or more living descendants and (II) each deceased descendant of that individual who was in the same generation as a descendant described in clause (I) and who has then living descendants, and (b) each share allocated to a deceased descendant in clause (II) is further divided among the then living descendants of that deceased descendant in the same manner as described in clause (a).
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​For example, Individual A’s assets are to be distributed to Individual A’s then living descendants, per stirpes. Individual A had three children who all predeceased Individual A. The oldest child had one child (Grandchild B), the middle child had three children (Grandchildren C, D and E), and the youngest child had no descendant. Grandchildren B, C, D and E survived Individual A. In this example, Individual A’s assets will be divided into quarters, and a quarter will be allocated to each of Grandchildren B, C, D and E.
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The definition of per stirpes in the excerpt from our documents is drafted with intention. While some states vary in their default definition of per stirpes, most practitioners include definitions for terms rather than just leaving those provisions to default law and hoping those defaults never change. With respect to per stirpes, the majority of states have adopted the definition we use, which is sometimes referred to as 'modern' per stirpes. Under this definition, shares follow family lines starting at the closest generation with at least one living descendant, rather than dividing assets based on an entire generation of predeceased children. In the last half century, many states have adopted this definition as the default rule in the interest of fairness to the surviving generations, the makeup of which can vary widely in number across family lines. Unlike per capita distributions, which provide one equal share for each then-living beneficiary within a class, modern per stirpes still break apart shares evenly across family lines (and potentially unevenly amongst cousins with predeceased parents). That share distribution across family lines just 'skips' a generation if all children in that closest generation to the trustor/testator are predeceased, and instead the division of shares happens at the next generation where there is at least one descendant living. Our legal team believes this more modern approach to the division of assets along surviving family lines better represents the desired distribution scheme of most individuals and the style of drafting seen in high-level practice, and the term is defined in our documents accordingly. As it is a defined term in our documents, it supplants any default statutes that would otherwise control in the absence of a definition in the document.

You can designate a per stirpes distributions within the Distributing Assets panel of the document workflow.

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