Why Per Stirpes Could Steal Your Heir from the Wind: Legal Story You Must Know

Sun, 03 May 2026 23:13:07 +0000

Why Per Stirpes Could Steal Your Heir: The Surprising Legal Risk You Need to Know In estate planning, one word that wisely demands attention is per stirpes — but did you know this powerful legal provision could unintentionally strip your designated heir of their inheritance? Understanding how per stirpes transfer impacts beneficiary rights is crucial for protecting your estate and ensuring your legacy passes exactly as intended. This often-overlooked rule in inheritance law can shift shares from direct heirs to siblings, cousins, or even distant relatives when a beneficiary dies—sometimes bypassing your original intentions. ### What Does Per Stirpes Mean? The Latin term per stirpes translates to “through the roots” or “by descent in proportional shares.” In U.S. inheritance law, it's used when a will expenditure beneficiary passes away before the testator (the person who made the will). Instead of eliminating their descendant’s share entirely, per stirpes divides that portion equally among the beneficiary’s children — if any. If the original heir has no living descendants, the share “descends” to their direct lineage — siblings, nieces, nephews, or even more distant relatives.