What is the difference between per stirpes and per capita in a will?
• The terms per stirpes and per capita are Latin. They refer to alternative ways to distribute the share of one of your beneficiaries who dies before you. • Per stirpes means by right of representation. Assume one of your children pre-deceased you, you named the child as one of multiple beneficiaries, and a child survives your deceased child. In this circumstance, your grandchild would take the share of their parent whom you named as a beneficiary and who failed to survive you. • Per capita means that each named person who survives you and is named as a beneficiary gets a share, and each named beneficiary who predeceases you forfeits their share (instead of spreading it among their surviving children). Its the opposite of per stirpes. • Most people select per stirpes. Otherwise, you are in effect punishing a grandchild for the death of their parent. • Decree of Reference: • A decree of reference is a court order. When signed by a judge, it assigns a case to a lawyer appointed by the co
