Per stirpes and per capita are two legal terms that are used to describe the distribution of an inheritance among multiple heirs, and not understanding these terms can lead to unintended consequences, including disinheriting a child.
If a person does not understand the difference between per stirpes and per capita and does not properly designate their beneficiaries, their assets may be distributed in a way that is not in line with their wishes. For example, if a person designates their assets to be distributed per capita but has children who have predeceased them, their assets may be distributed equally among the remaining heirs, rather than being passed down to their grandchildren. This could result in a grandchild being disinherited, even though the person may have intended for their assets to be passed down to all of their descendants.
Similarly, if a person designates their assets to be distributed per stirpes but has children who have predeceased them, their assets may be distributed among the deceased children's descendants, rather than being distributed among the surviving children. This could result in a surviving child being disinherited, even though the person may have intended for their assets to be distributed equally among all of their children.
In conclusion, not understanding the difference between per stirpes and per capita can lead to unintended consequences, including disinheriting a child. It is important to carefully consider the implications of both options and to properly designate your beneficiaries to ensure that your assets are distributed in accordance with your wishes. Consulting with an attorney or financial advisor can help to ensure that your wishes are properly carried out.