{"id":2353,"date":"2026-11-12T02:13:36","date_gmt":"2026-11-12T02:13:36","guid":{"rendered":"https:\/\/www.lawgicalcorp.com\/blog\/per-stirpes-beneficiary-died-first-bc\/"},"modified":"2026-11-12T03:09:19","modified_gmt":"2026-11-12T03:09:19","slug":"per-stirpes-beneficiary-died-first-bc","status":"publish","type":"post","link":"https:\/\/www.lawgicalcorp.com\/blog\/per-stirpes-beneficiary-died-first-bc\/","title":{"rendered":"Per stirpes, and what happens when a beneficiary dies before the will-maker in BC"},"content":{"rendered":"

By Pardeep S. Grewal<\/a>, lawyer at Lawgical Law Corporation \u00b7 Reviewed November 11, 2026<\/p>\n

Pardeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2024, and a member of the Law Society of British Columbia<\/a>.<\/em><\/p>\n

Updated November 11, 2026: the Wills, Estates and Succession Act (ss. 5, 10, 23, 24, 42, 44, 46) checked that day.<\/em><\/p>\n

\n

Per stirpes<\/strong> means “by branch”: if a beneficiary has died, their share goes down to their children instead of being split among the survivors.<\/p>\n

A beneficiary who died first:<\/strong> unless the will says otherwise, the gift goes (1) to any alternate named, then (2) if the beneficiary was the will-maker’s sibling or descendant, to that person’s descendants, then (3) to the residuary beneficiaries (WESA s. 46).<\/p>\n

5-day rule:<\/strong> someone who doesn’t survive the will-maker by 5 days is treated as having died first (s. 10).<\/p>\n

A worked example<\/a> \u00b7 Book a consultation<\/a><\/p>\n<\/div>\n

\n

The lawyers who handle these estate files<\/p>\n

\"SundeepSundeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a>\"PardeepPardeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a><\/div>\n
\nAbout our lawyers<\/summary>\n
\n

Sundeep S. Grewal<\/a><\/strong> founded Lawgical Law Corporation and practises probate, estate litigation and immigration. He has represented clients in the Provincial and Supreme Courts of British Columbia, from chambers applications to contested trials.<\/p>\n

Pardeep S. Grewal<\/a><\/strong> is a probate, estates and immigration lawyer known for clear communication and practical strategy.<\/p>\n<\/div>\n<\/details>\n<\/div>\n

“Per stirpes” is a Latin phrase meaning “by branch” or “by family line”. In a will, a gift to “my children in equal shares per stirpes” means each child’s share goes to that child, or, if the child has died, to the child’s own children. That differs from a gift “per capita”, which divides the money equally among whoever is alive. In BC, WESA also has its own rules for when a beneficiary dies before the will-maker: the gift passes to any alternate the will names, then to the descendants of a beneficiary who was the will-maker’s sibling or descendant, and only then to the residue. These rules apply whether the beneficiary died before or after the will was signed, unless the will shows a different intention.<\/p>\n

Lawgical Law Corporation<\/a>, a probate and estate law firm with offices in Surrey<\/a>, Abbotsford<\/a> and Vancouver, BC, helps executors read wills and work out who inherits; this guide is by Pardeep S. Grewal.<\/p>\n

What does per stirpes mean?<\/h2>\n
\n\n\n\n\n\n\n\n
Per stirpes and per capita compared<\/caption>\n
<\/th>\nPer stirpes (by branch)<\/th>\nPer capita (by head)<\/th>\n<\/tr>\n<\/thead>\n
How shares are set<\/td>\nOne share per branch of the family at the first generation<\/td>\nOne equal share per living person in the group<\/td>\n<\/tr>\n
If a child has died<\/td>\nThat child’s share goes to their children<\/td>\nDepends on the wording; often the share is split among the living<\/td>\n<\/tr>\n
Typical wording<\/td>\n“to my children in equal shares per stirpes”<\/td>\n“to my grandchildren who survive me, in equal shares”<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

A worked example<\/h2>\n

Maria leaves her estate “to my children in equal shares per stirpes”. She had three children: Alex, Ben and Chris. Chris died before Maria, leaving two children of his own.<\/p>\n