Learn · Estate Planning
Per Stirpes vs Per Capita
Two of the most common ways a will distributes an estate when a beneficiary dies before you do. The right choice depends on how you want shares to flow through the next generation.
What "per stirpes" means
Per stirpes (Latin for "by branch") sends a deceased beneficiary's share down to their descendants. If you leave your estate to your three children per stirpes and one child predeceases you, that child's share is split equally among their children — your grandchildren — instead of being redistributed to your surviving children.
What "per capita" means
Per capita ("by head") divides the estate equally among living beneficiaries at the same generation. If one of your three children predeceases you, the estate is split equally between the two surviving children, and the deceased child's descendants receive nothing under that clause.
How to choose
- Choose per stirpes if you want each family "branch" — each child and their line — to receive a fair share even if a child predeceases you. This is the more common default in U.S. wills.
- Choose per capita if you prefer the estate to be divided only among the living named beneficiaries, with shares not flowing down to grandchildren automatically.
- Consider a hybrid — many wills use per stirpes for children and explicit named gifts for grandchildren.
A quick example
You have three children: A, B, and C. C dies before you, leaving two children of their own. Under per stirpes: A gets 1/3, B gets 1/3, and C's two children split the remaining 1/3 (1/6 each). Under per capita: A and B each get 1/2, and C's children get nothing under this clause.
Document your choice in Will IQ
Will IQ's interview asks how you want each gift distributed and records your selection in plain language inside your draft. This guide is educational only — Will IQ does not provide legal advice, and you should review your final document with a licensed attorney in your jurisdiction.