Reminders and Recommendations on How to Use Boilerplate Language Thoughtfully and Intentionally

The default rule for intestate transfer in many jurisdictions is to allocate the estate among descendants per stirpes, a Latin term meaning “by roots.” This allows the shares to be divided fairly among multiple generations of descendants when some descendants may have predeceased the decedent.  While this succinct phrase appears to provide a straightforward drafting solution, there are several common mistakes that a drafter can make when using the term “per stirpes” in a will that could create a result contrary to what the testator intended.

Lauren Wolven and Stephanie Ross recently co-authored an article published in Thomson Reuter’s Estate Planning magazine regarding considerations and recommendations on how to use boilerplate language thoughtfully and intentionally.

Originally published in Estate Planning, a Thomson Reuters publication. © 2021 Thomson Reuters/Tax & Accounting.