Per stirpes is a Latin term meaning “by roots,” or by representation. The term is often used in wills and trusts to describe how to carry out a distribution when a beneficiary dies before the person whose estate is being divided. Under per stirpes distribution, children take among them the share which their parent would have taken had he survived the decedent. The children stand in a representative capacity to their parents. Another way to express the same intention is to provide “…to her children, by right of representation, share and share alike,” which is clear to the non-lawyer. If there is no provision for distribution to children of a predeceased child, then the gift may become part of the residue (what is left after specific gifts), and then the grandchildren may not share if there are surviving children of the giver.

Under per stirpes distribution, when the beneficiary dies before the person whose estate is being divided, children of the beneficiary take among them the share which their parent would have taken had he survived the decedent. The children stand in a representative capacity to their parents.

If per stripes isn’t specified, then the other choice will divide the bequest equally among the surviving heirs and children of a deceased heir will not receive the share the deceased heir’s share.