In a per stirpes distribution, where should a beneficiary’s share pass if they predecease the testator with living issue?

• A. Their share is donated to charity
• B. Their share passes to them for life only
• C. Their issue receives the deceased beneficiary's share
• D. Their share is held unassigned

Answer: (C)

Per stirpes means distributing a deceased beneficiary’s share to their own descendants by representation. So if a beneficiary dies before the testator but has living issue, that beneficiary’s share goes to their children (and, if applicable, grandchildren) rather than staying with the living siblings or being donated elsewhere. In other words, the deceased beneficiary’s portion is inherited by their issue, split among them as if the parent had survived. This keeps the intended portion within the deceased beneficiary’s family line. For example, if three siblings are to receive equal shares and one sibling dies leaving two children, those two children receive their parent’s share while the other two siblings keep theirs.