Legal Question in Wills and Trusts in Florida
beneficiaries
What do the notations ''per stirpes'' and ''per capita'' mean when next to the name of a beneficiary ?
Asked on 5/10/06, 8:05 pm
1 Answer from Attorneys
Thomas Shigo
The Shigo Law Firm, P.A.
Re: beneficiaries
Per capita means that the beneficiary must be living to receive his or her share. If the beneficiary is not living then generally the remaining beneficiaries will split the deceased beneficiary's share.
Per stirpes means that if the beneficiary is not living then the beneficiary's lineal descendants will recieve that deceased beneficity's share.
Please also understand that the written instrument can modify the above general definitions so you must read the instument very carefully.
Answered on 5/11/06, 9:14 am
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