What relationship does "per stirpes" establish in inheritance distribution?

Study for the Ontario Estates Law Exam. Prepare with expertly crafted questions and detailed explanations. Enhance your understanding of estates law and boost your confidence before the exam.

The term "per stirpes" is a Latin phrase that translates to "by the roots" and denotes a method of distributing an estate among beneficiaries in a way that reflects the family tree structure. When inheritance is distributed per stirpes, it means that the estate is divided equally among the branches of the family tree. Each branch represents a line of descent from the deceased.

In practical terms, if a beneficiary in one branch of the family has died, their share of the inheritance will be passed down to their descendants, rather than being divided among the surviving beneficiaries of other branches. This ensures that each branch receives an equal portion of the estate, regardless of how many individuals are in each branch.

This method contrasts with other distribution methods, such as division by equal shares among all beneficiaries, which wouldn't take familial branches into account. Therefore, "per stirpes" emphasizes the importance of lineage and ensures that the descendants of a deceased beneficiary are included in the inheritance, preserving the proportional share intended for that branch of the family.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy