“Per stirpes” and “per capita” — two Latin phrases that turn up a lot in Wills, and what they actually mean.
I do not like using Latin in Wills which I draft, because it is pompous — perhaps done to make the client think the lawyer is clever — and the meaning will have to be explained carefully to the client in any event.
However, some phrases appear a lot in Wills, and some are actually a useful way of expressing a complicated idea.
“Per stirpes” means an estate is divided by family branch. Each branch of the family gets an equal share; if a beneficiary has died, that person’s children usually inherit that share. It is Latin for “by branch” or “by roots”.
Example: A parent has three children — Anna, Ben and Cara. Ben dies before the parent, leaving two children of his own.
| Anna | gets 1/3 |
| Cara | gets 1/3 |
| Ben’s two children | split Ben’s 1/3 between them, so each gets 1/6 |
“Per capita” means “per person”. In inheritance, it means the estate is divided equally among the living members of the designated group, rather than by family branch.
Same example: if the gift goes per capita among the surviving descendants —
| Anna | gets 1/3 |
| Cara | gets 1/3 |
| Ben’s two children | share the remaining 1/3 only if the specific wording allows descendants of a deceased member to be included at that generation |
More simply:
Important: in legal usage, “per capita” can vary depending on the exact wording used — for example “per capita at each generation” — so the result can differ. This is exactly why the wording matters, and why it is worth having a lawyer draft it.