Full question:
What do the following phrases in a will mean: a) “share and share alike”; b) “per stripes”; c) and “per capita”?
- Category: Wills and Estates
- Date:
- State: New Hampshire
Answer:
“Per capita” is a Latin term meaning “by head.” It indicates that each beneficiary receives an equal share of the estate. This differs from “per stirpes,” which means “by roots” or by representation. In a per stirpes distribution, if a beneficiary dies before the estate owner, their children inherit the share that their parent would have received. The children take the share as representatives of their deceased parent.
“Share and share alike” means that benefits from an estate, trust, or gift are divided equally among beneficiaries. If one beneficiary dies before receiving their share, the remaining beneficiaries can divide that portion among themselves. For example, if John Doe leaves his 2,000 shares of IBM stock to his four nephews, Matthew, Mark, Luke, and John, “share and share alike” means they will split the shares equally. If Luke dies before John, the 2,000 shares will be divided among Matthew, Mark, and John.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.