Wills, Trusts, and Estates

Modern Per Stirpes

Under the Modern Per Stirpes system, shares are divided equally to children, but if all children are dead, the property is divided among grandchildren. Thus, all grandchildren get the same amount if all the children are dead. If some children survive, it is the same as English Per Stirpes.

Modern Per Stirpes applies the same with grandchildren and great-grandchildren. The division does not occur until the first generation with a live taker.

Modern Per Stirpes has horizontal equality—children/grandchildren get equal amounts—whenever all children are dead.

Virginia uses Modern Per Stirpes. VA Code § 64.2-202.