Per Stirpes vs. Per Capita: Understanding Estate Distribution in Plain Language

What Do “Per Stirpes” and “Per Capita” Mean in a Will?

When planning your estate, you’ll often come across legal terms like per stirpes and per capita. These Latin phrases determine how your assets are divided among your beneficiaries—and understanding them ensures your wishes are carried out exactly as intended.

At Willing Law, we believe estate planning should be simple and stress-free. Let’s break down what these terms really mean.

Per Stirpes: “By Branch” Distribution

Per stirpes means by branch. This approach divides your estate along family lines—each branch of your family gets its fair share.

✅ Example: You have three children: Alex, Ben, and Chloe.

• Each would normally receive one-third of your estate.

• If Alex passes away before you, Alex’s share doesn’t disappear—it goes to Alex’s children (your grandchildren), divided equally among them.

This ensures that your grandchildren inherit their parent’s portion, keeping the inheritance within that family line.

You might choose per stirpes if:

• You want your grandchildren to inherit their parent’s share.

• You want to keep assets distributed fairly across generations.

Per Capita: “By Person” Distribution

Per capita means by head or by person. Here, the estate is divided equally among all surviving beneficiaries in the same generation, regardless of family branch.

✅ Example: Using the same scenario—Alex, Ben, and Chloe—but your will says per capita:

• If Alex has passed away, Alex’s children do not inherit.

• Instead, Ben and Chloe divide your estate equally—half each.

You might choose per capita if:

• You want all surviving beneficiaries of the same generation to share equally.

• You prefer a simpler, one-level distribution.

Which Option Is Right for You?

Choosing between per stirpes and per capita depends on your family structure and personal wishes.

• Per stirpes is best for keeping inheritance within family branches.

• Per capita works well if you prefer equal shares among living beneficiaries of the same generation.

Your lawyer can help ensure your will is worded precisely to reflect your intentions.

Why Clarity Matters

These small details can make a big difference. Ambiguous or missing terms can lead to confusion or even conflict among family members. A well-drafted will provides peace of mind for you—and clarity for your loved ones.

Start Your Estate Plan with Confidence

At Willing Law, we help clients across Windsor-Essex and surrounding areas prepare wills and estate plans that reflect their true wishes. Whether you’re drafting your first will or updating an existing one, we’ll guide you every step of the way.

📞 Contact Willing Law today to schedule your Wills & Estates consultation and secure your family’s future with confidence.