What is the difference between per stirpes and per capita distributions? Give a specific example of each.

Question

What will be an ideal response?

Answer 1

o Per stirpes = by the roots while per capita = by the head
o Per stirpes: John has two children. At the time of John’s death, one child has died but leaves two children surviving (John’s grandchildren) John’s property would be given one half to the surving child and ¼ each to his grandchildren, his grandchildren receiving his deceased child’s share equally.
o Per stirpes: John’s second child has also died before John. That child only had one child at the time of his death. John therefore has 3 grandchildren. Upon John’s death, two of the grandchidren would receive ¼ each of John’s estate and the other grandchildren would receive ½ of John’s estate.
o Per capita: Same example as above: All 3 grandchilren would receive 1/3 of John’s estate.