Distribution by branch of the family, so a deceased child's share passes to their children.
In Islamic law
Classical faraid does not use representation in the same way — a grandchild whose parent predeceased may be excluded by a surviving son. Several modern jurisdictions address this by an obligatory bequest; approaches differ, so ask a scholar.
In Canadian law
Common in Canadian wills. Contrasted with per capita, where surviving beneficiaries share equally and a predeceased branch takes nothing.
We have not yet researched whether the four Sunni schools differ on this term, so we are not going to tell you either way. Where a specific case turns on it, ask a qualified scholar rather than relying on a general summary.
Canadian legal detail
Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:
- Naming per stirpes vs per capita beneficiaries ontario
- Can children of deceased child inherit per stirpes ontario
- Per stirpes distribution intestacy ontario
This is legal information only. For advice on your own circumstances, speak to a lawyer.
Citations & sources
Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- Naming per stirpes vs per capita beneficiaries ontario — Treadstone Law
- Can children of deceased child inherit per stirpes ontario — Treadstone Law
- Per stirpes distribution intestacy ontario — Treadstone Law
- Mutual wills blended family ontario — Treadstone Law
- Wills & estates practice — Treadstone Law