Per Capita vs Per Stirpes: How One Phrase Can Change Your Estate Plan
When creating a will or trust, the phrase per capita vs per stirpes determines how your assets are distributed if a child passes away before you. In legal terms, per capita translates to “by the head.” This means your estate is counted and split equally among all living individuals in a specific generation. If you have two children and one passes away, leaving three grandchildren, a strict per capita structure gives your entire inheritance to the surviving child. Because the law stops counting at the first surviving member of that generation, the grandchildren receive nothing.
Why Per Capita vs Per Stirpes Matters for Your Family
Many parents assume their grandchildren will automatically step into their deceased parents' shoes to receive that branch's share. However, using per capita vs per stirpes incorrectly can accidentally disinherit an entire branch of your family. A variation called per capita by representation (often referred to as modern per stirpes) attempts to blend these methods by dividing assets at the first generation among living heirs and distributing the remaining shares equally to the next generation. Without a clear understanding of these terms, your asset distribution could look very different from what you intended.
Updating Your Estate Plan to Match Your Real Intentions
Estate planning should bring peace of mind, whether you are spending your weekend hiking around Centennial or relaxing at home with family. If your current will or trust was signed more than five years ago, it may contain standard legal boilerplate that does not reflect your true wishes for your children and grandchildren.
Protect Your Legacy with The McKenzie Law Firm, LLC
Understanding how choices like per capita vs per stirpes impact your legacy is an essential step in protecting the people you love most. At The McKenzie Law Firm, LLC, we help smart, caring families build clear and custom estate plans tailored to their goals. To review your existing document or create a new plan, schedule a consultation with our team today. Call us directly at 720-821-7604 to get started. We proudly serve families throughout Centennial, Denver, and the entire Denver metro area.
The McKenzie Law Firm, LLC practices law exclusively in Colorado. This post is for general informational purposes only and does not constitute legal advice. Please consult a qualified attorney regarding your specific situation.
