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Wills

Per Stirpes

A way of dividing an estate so a deceased beneficiary's share passes down to their own children.

What it means

Per stirpes (Latin for "by the branch") is a method of distribution where each branch of a family takes an equal share, and if a beneficiary has died, their children step into their place and divide that share. It ensures grandchildren are not cut out simply because their parent died before the testator. It contrasts with a per capita division, where surviving beneficiaries simply share equally per head.

How it's used

Per stirpes is common where a will-maker wants their bloodline to inherit even across generations. Example: a Will leaves the estate to three children per stirpes; one child has already died leaving two kids, so those two grandchildren split that child's one-third share. Choosing per stirpes also acts as a built-in substitute beneficiary mechanism against a lapsed gift.

This page is general information about Australian estate-planning terms, not legal advice. See our Legal Disclaimer.

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