Succession per stirpes meaning

In wills, trusts and intestacy, per stirpes describes distribution “by family branch”: if a child or other intended beneficiary has died leaving descendants, that person’s children (and further issue) take, collectively and by representation, the share their parent would have taken. Each branch therefore receives one equal share, regardless of how many individuals are in that branch. This contrasts with per capita distribution, where all living beneficiaries in the class take equal individual shares. The term is a descriptive expression used across UK and Irish practice. Legislation in England & Wales and Northern Ireland sets out distribution to “issue” through statutory trusts and representation rather than using the Latin, but the effect is stirpital. In Scotland, the equivalent concept is succession by representation of issue under the Succession (Scotland) Act 1964, often described as stirpital distribution. In Ireland, distribution to issue on intestacy and commonly in wills operates by representation (frequently referred to as per stirpes) under the Succession Act 1965. Practical significance: per stirpes governs class gifts to “issue”, “descendants” or “children” and determines whether grandchildren share only within their parent’s branch or equally with all others. Clear drafting (e.g., “to my issue per stirpes”) avoids unintended per capita outcomes.