What does the term "per stirpes" imply in inheritance law?

The term "per stirpes" is a legal concept used in inheritance law to describe a method of distributing an estate among the descendants of a deceased person. When assets are distributed per stirpes, the inheritance is divided into equal shares at the first generation below the decedent. If a beneficiary is deceased, their share passes down to their own children, rather than being divided among the surviving siblings. This ensures that each branch of the family receives an equal portion, reflecting the idea of passing the inheritance by representation.

This differs from other distribution methods; for instance, the equal division of assets suggests a straightforward split among heirs without accounting for generational representation. Similarly, "in equal shares" typically refers to a distribution that does not factor in the descendants of deceased beneficiaries, while "discretionary distribution" implies that the distribution is made at the discretion of an executor or trustee, rather than following a predetermined structure like per stirpes. Thus, the correct interpretation of per stirpes focuses on representation and the lineage of heirs in the inheritance process.