The choice between per capita and per stirpes
is personal but often causes confusion.
If the Grantor did not exercise his testamentary limited power of appointment, each Trustee was required to distribute the remaining trust property to the Grantor's then living issue in further trust, per stirpes
For example, suppose that the insured has three children and that the residuary clause in the revocable trust provides that, "the balance is to be divided into shares, per stirpes
, for the Settlor's descendants as survive the Settlor, and each such share shall be disposed of as provided in Article 4 of this Trust," under which Article 4 contains lifetime trusts for the descendants.
provided in his will would share with equality and per stirpes
But most clients would want their assets to pass per stirpes
, so that if any child of theirs predeceased the client or dies in a common accident, that child's share would then distribute to the child's children.
chose Eugene after scoping out Medford, Ashland, Portland and Vancouver.
their shares would pass to their descendants per stirpes
Top court rules heir's children cannot inherit all assets per stirpes
Trust will terminate on the death of A, at which time, the trust principal will be distributed to A's issue, per stirpes
If an author dies before serving notice of termination on the grantee, then the right to exercise that interest passes to the author's heirs per stirpes
as defined in section 203.
The term per stirpes
is used when it is desired that the share of a deceased beneficiary go to the beneficiary's children (in Latin it means "by the trunk," "by right of representation," or "by roots or stocks").
Assume further that his trust provided that, for the first 50 years, all trust income and gains from sales of trust assets were to be retained by the trust, and thereafter income was to be distributed per stirpes
to his living issue.