Succession per capita meaning

Succession per capita describes an estate or trust distribution in which each living beneficiary in the specified class or degree of kinship takes an equal share, and the descendants of any predeceasing beneficiary do not take by substitution unless the instrument or law provides otherwise. It is commonly used in will and trust drafting, especially for class gifts (for example, “to my grandchildren per capita”), and is contrasted with per stirpes/by representation. The expression is not generally defined by statute; it is a descriptive term used in practice and acknowledged in case law and textbooks on wills and trusts. Jurisdictional position: - England & Wales and Northern Ireland: intestacy distributes issue under statutory trusts on a per stirpes (by representation) basis. A per capita outcome arises only if directed in the will/trust, or among survivors in the same degree. - Ireland: the Succession Act 1965 similarly defaults to representation; per capita requires express wording. - Scotland: the Succession (Scotland) Act 1964 provides representation to issue; survivors in the same degree share equally per capita within that degree. Practical significance: choosing per capita can exclude a deceased beneficiary’s descendants and materially alter shares on survivorship, so precise drafting is essential.