What Does the Term "Per Stirpes" Mean?
When discussing how assets will be distributed in an estate plan, the term “per stirpes” (pronounced per stir-pees) often comes up. This Latin phrase is commonly used in wills and trusts and is sometimes confused with or used interchangeably with the term “by right of representation.” While closely related, these two legal concepts are not identical, though in practice they often result in similar outcomes.
Definitions:
· Per stirpes means “by branch.” It is a method of distributing an estate such that each branch of the family receives an equal share. If a beneficiary predeceases the person making the will or trust (the decedent), that beneficiary’s share passes to their descendants, not to the remaining beneficiaries.
· By right of representation is an English term used to describe a process in which a descendant steps into the place of a deceased heir to receive what that person would have inherited. Though similar in concept to per stirpes, its legal implications may vary slightly depending on state law.
Key Differences:
Per stirpes emphasizes family branches (e.g., children, then grandchildren, then great-grandchildren, and so on).
By right of representation highlights the legal mechanism that allows a descendant to “represent” their deceased ancestor in the distribution of assets.
Treatment in Missouri and Illinois:
In both Missouri and Illinois, the two terms are typically treated as functionally equivalent in estate planning, even though they are not precisely defined in the statutes. In Missouri, “per stirpes” is referenced in § 474.020, RSMo, but not formally defined. Missouri courts interpret it in line with its traditional meaning. Similarly, in Illinois, “per stirpes” appears in the Probate Act (e.g., 755 ILCS 5/2-1) in connection with intestate succession (i.e., when someone dies without a will), but again, no statutory definition is provided, so the traditional interpretation applies.
Bottom Line:
If a will or trust in Missouri or Illinois directs that assets be distributed per stirpes, this generally means that descendants of a deceased beneficiary will inherit the share their ancestor would have received if alive. This ensures that each family branch maintains its portion of the estate.
Example: Mildred has three children: John, Joy, and Joseph. Joseph dies before Mildred, leaving two children of his own—Todd and Tracy. If Mildred’s will provides that her estate should be distributed to her children per stirpes, the distribution would be:
John receives 1/3
Joy receives 1/3
Todd receives 1/6 (half of Joseph’s 1/3)
Tracy receives 1/6 (the other half of Joseph’s 1/3)
This method ensures that Joseph’s share is passed down to his children rather than being redistributed to John and Joy.