(purr stir-peas) adj. Latin for "by roots," by representation. The term is commonly
used in wills and trusts to describe the distribution when a beneficiary dies before
the person whose estate is being divided. Example "I leave $100,000 to my daughter,
Eleanor, and if she shall predecease me, to her children, per stirpes. " Thus, if
Eleanor dies before her parent, then the $100,000 will be divided among her children
equally. A way to make this more clear is to substitute for per stirpes "…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 will 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.
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