Legal Definitions - per capita

Definition: Per capita is a Latin term that means "by head." It is used to determine something based on the number of people. For example, Gross Domestic Product (GDP) per capita refers to a country's GDP divided by its population.

Per capita is also used in wills to determine how property is divided among beneficiaries. If a beneficiary dies before the testator, leaving children of their own, the term per capita is used to determine what share of the property each beneficiary gets. For example, if a will states that heirs of a deceased beneficiary are to receive the property per capita, each beneficiary will receive an equal share of the property.

For instance, let's say that a father leaves his house jointly to his son and daughter. However, the son dies before the father, leaving two children. If the father's will states that heirs of a deceased beneficiary are to receive the property per capita, the daughter and the two grandchildren will each take a third of the property.

It is important to note that courts will look at the language used in the will to determine whether the beneficiaries are to receive the property per capita or per stirpes. If the testator specifically referenced the beneficiaries claiming to inherit through a will per capita, then the beneficiaries will receive the property per capita.

For example, in Maud v. Catherwood, the California District Court of Appeal ruled that the testator did not intend to name the grandchildren as beneficiaries per capita because he referred to them as "descendants" and not as "grandchildren."