How have courts interpreted the words “per stirpes” in a will?
Ontario, Canada
The following excerpt is from Lau v. Mak, 2004 CanLII 6673 (ON SC):
As I have mentioned, there are some cases in which courts discerned in the words “per stirpes” an intention to enlarge the range of beneficiaries beyond the actual description in the will. Strittmatter v. Stephens was one such case where, however, the court limited the class to the descendants of beneficiaries who died prior to the testatrix so that no violence was done to the presumption in favour of early vesting. Such a construction would not affect the answers to the questions posed for determination in this case.
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