Which statement best describes per stirpes distribution?

Which statement best describes per stirpes distribution?

• A. It guarantees equal shares to all living heirs regardless of generation
• B. It distributes by representation of each branch's share to living descendants
• C. It follows per capita only
• D. It favors the oldest living heir

Answer: (B)

Per stirpes distribution divides the estate by branches of the family, allocating to each branch the portion the deceased would have given to that branch, and then that portion is passed down to living descendants within that branch. In practice, if one child dies before the parent leaving children, those grandchildren receive their parent's share, while the surviving child keeps theirs. This approach preserves the family line rather than giving equal shares to every living person across generations, which is what per stirips aims to avoid. So the statement that describes it best is that the distribution happens by representation of each branch’s share to the living descendants.

Per stirpes distribution divides the estate by branches of the family, allocating to each branch the portion the deceased would have given to that branch, and then that portion is passed down to living descendants within that branch. In practice, if one child dies before the parent leaving children, those grandchildren receive their parent's share, while the surviving child keeps theirs. This approach preserves the family line rather than giving equal shares to every living person across generations, which is what per stirips aims to avoid. So the statement that describes it best is that the distribution happens by representation of each branch’s share to the living descendants.