Legal Question in Wills and Trusts in South Carolina
per stirpes
Please tell me what is meant by the term ''Per Stirpes''? It is found several times in my father's will and trust agreement and my brother and I are trying to understand the legal jargon involved.
Asked on 11/06/02, 8:46 am
1 Answer from Attorneys
Otto Ferrene, jr.
Ferrene & Associates, PA
Re: per stirpes
"per stirpes" is Latin for by roots or stocks. It is an inheritance by representation.
EXAMPLE:
A dies and leaves everything in his will to his children, B & C. B & c did not survive A. B has one child surviving and C has two children surviving. B's child takes B's share and C's children take C's share and split it equally, 50/50, share and share alike. It is a term of art used in drafting wills and all attorney's and the Probate court know what it means.
Hope this helps.
Answered on 11/06/02, 5:58 pm
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