Legal Definitions - stirpes

Definition: Stirpes is a Latin term used in inheritance and estate planning to describe the line of descent of a family branch or ancestor.

For example, if a person dies and leaves their estate to their children, but one of their children has already passed away, the inheritance would be divided among that child's children, or grandchildren of the deceased person, by stirpes. This means that each grandchild would receive an equal share of their parent's portion of the inheritance.

Another example would be if a person's will states that their estate should be divided equally among their grandchildren by stirpes. This means that if any of their children have passed away, their share of the inheritance would be divided among their own children, or grandchildren of the deceased person, in equal portions.

Overall, stirpes is a way to ensure that each branch of a family receives an equal share of an inheritance, even if a direct descendant has passed away.