Legal Definitions - in stirpes

Definition: In stirpes means proportionately divided between beneficiaries according to their deceased ancestor's share. It is also known as per stirpes, which is a Latin term meaning "by roots or stocks."

Example: Let's say a person named John has three children: Tom, Sarah, and Emily. John passes away, and in his will, he leaves his estate to his children in stirpes. Tom has two children, Sarah has three children, and Emily has one child. When the estate is divided, Tom and his two children will receive one-third each, Sarah and her three children will receive one-third each, and Emily and her child will receive one-third each. This is because the estate is divided proportionately based on the share of their deceased ancestor, John.

This example illustrates how in stirpes works. The estate is divided based on the share of the deceased ancestor, and each beneficiary receives a proportionate share based on their relationship to the deceased.