Stirpes (Latin for “by branch”) is a word used in the context of inheritance and estate planning to refer to the line of descent of a family branch or ancestor.
See also: pure per stirpes, modified per stirpes.
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wills
succession
Succession, in legal terms, means succeeding to the rights of another. The word commonly refers to the distribution of property under a state's intestate succession laws, which determine who inherits the property when someone dies without a...
taking against the will
Taking against the will refers to the decision of the surviving spouse to refuse what the deceased spouse chose to leave to them in the will. Instead of accepting whatever was left to them in that will, the surviving spouse will claim the...
tentative trust
Tentative trust (also called a Totten trust) is a bank account where the account’s assets will be transferred to a beneficiary after the death of the depositor. A depositor may choose a tentative trust because the assets can quickly be given...
terrorem clause
In terrorem clauses, also known as a no-contest clauses, are clauses in a will that impose upon a devisee or legatee a condition that they will not dispute the provisions of a will. Such clauses are used to discourage challenges to a will by...
testacy
Testacy refers to the condition of leaving a valid will. It is compared to intestacy, in which someone dies without a valid will and their estate passes under state laws of descent and distribution. Dying testate does not allow the...
testamentary
Of or relating to a will or testament. Often used to denote that something was provided for, appointed by or created by a will.
See testamentary capacity, testamentary power of appointment, testamentary trust.
testamentary capacity
Testamentary capacity refers to the ability of a person to make a valid will. Most states have both an age requirement (usually 18 years old) and a mental capacity requirement. To have mental capacity, the testator must have the ability to know: (1)...
testamentary disposition
Testamentary disposition is a disposition or transfer of property by the testator by gift, deed, or will, but the disposition does not become effective until after the testator's death, and the testator retains essentially full control of the...
testamentary power of appointment
A power of appointment that the donee can only exercise by will. This can be contrasted with a presently exercisable power of appointment.