What does per stirpes and per capita mean in a will?

While per stirpes and per capita are similar, there are differences. Per stirpes in Latin means “by branch,” meaning, in this case, that a portion of the will must go to a person or that person’s heirs. Per capita means that any surviving descendants of the same generation distribute property equally.

Is New Jersey per capita or per stirpes?

John L. Pritchard. In 1978, New Jersey partially shifted away from a per stirpes approach to the distribution of intestate estates.

Does per stirpes per capita?

Within a beneficiary designation, per capita typically means an equal distribution among your children. With per stirpes, if one child were to precede you in death, the other child would receive half, and the children of the deceased child would get the other half.

What is NJ law of intestacy?

The law of intestate succession in New Jersey states that: If you die leaving a spouse, a registered domestic partner, or civil union partner and children who are also the children of the spouse or legal partner, the spouse/legal partner receives 100% of the estate and no bond is required to be posted.

What’s the difference between per capita and per stirpes?

Within a will or trust, that group can be your children, all your combined descendants, or named individuals. Under per capita, the share of any beneficiary that precedes you in death is shared equally among the remaining beneficiaries. Within a beneficiary designation, per capita typically means an equal distribution among your children.

How is per stirpes divided in a will?

Like the example above, but Fred’s will states that the property should be divided PER CAPITA: Julie and the two grandchildren will each take an equal share – one third. At Nolo, we don’t use the term “per stirpes” in our wills because we think that a will is better off without it.

Who are the beneficiaries of per stirpes estate?

Here’s how per stirpes works. Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. Fred’s will states that heirs of a deceased beneficiary are to receive the property PER STIRPES: Julie will receive one-half of the property, and Alan’s two children will share his half in…

What does it mean by per stirpes distribution?

The term per stirpes is Latin for “by representation” or “by class.” It means that each living beneficiary in a class of beneficiaries will receive an equal share. If a beneficiary is deceased and survived by any descendants, that beneficiary ’s descendants would take what their deceased parent would have taken “by representation.” 2

What does per capita and per stirpes mean?

Verified Per stirpes and per capita are ways of distributing an estate. Per capita means that each person receives an equal share. Per stirpes means that each branch (despite the number of people) receives one share.

What does per stirpes mean in New York State?

“Per Stirpes”, “By Representation”, “Per Capita”-What Do They Mean? If you die without a Last Will and Testament or a Trust, the New York State laws of intestacy will govern the disposition of your property to your “distributees”, your closest living blood relatives (in priority order).