NCBE Uniform Bar Exam (UBE) Practice Exam

A per stirpes distribution is characterized by the way assets are allocated among beneficiaries, specifically through their lineage. In this method, if a beneficiary predeceases the testator, that beneficiary's share of the inheritance is passed down to their descendants. This ensures that the wealth of the estate is distributed according to the family line, maintaining equity among the branches of a family.

For example, if a parent has three children and one of them has children of their own, under a per stirpes distribution, if that child passes away before the parent, their children (the grandchildren of the parent) would inherit their parent's share of the estate. This approach contrasts with other methods of distribution, such as per capita, where the distribution would be made equally among all surviving beneficiaries regardless of their familial relationship.

This method is particularly beneficial in preserving family lineages and ensuring that descendants are taken care of, reflecting common intentions in estate planning regarding generational wealth transfer.