Per Stirpes Inheritance in Australia (2026): What You Need to Know

Per stirpes—meaning “by branch”—refers to how an estate is divided when a beneficiary dies before the person making the will (the testator). Instead of the inheritance being absorbed by the other beneficiaries, the deceased beneficiary’s share passes to their own descendants. In practical terms, this ensures a branch of the family doesn’t miss out if something unexpected happens.

Example: Imagine Sarah leaves her estate to her three children—John, Lisa, and Mark—per stirpes. If Lisa dies before Sarah but leaves two children of her own, Lisa’s one-third share is divided equally between her kids, not John and Mark.

• This approach protects grandchildren’s rights if their parent (the original beneficiary) dies prematurely.

• It’s a key distinction from “per capita” distribution, where assets are simply divided among surviving named beneficiaries.

Estate law isn’t static. In 2026, several states have introduced reforms clarifying the default application of per stirpes in intestate (no will) and will-based estates. For example:

• NSW Succession Act Amendments (2026): Now explicitly favours per stirpes distribution when a will is silent on the issue, resolving prior ambiguities that led to legal disputes.

• Victoria’s Probate Streamlining: Digital platforms make it easier to select per stirpes or per capita options in online will drafting, reducing the chance of accidental exclusion of descendants.

• WA Family Provision Cases: Several high-profile cases in 2024–2026 have underscored the importance of clear language. Courts increasingly uphold per stirpes intent if indicated, even in informal wills.

These changes reflect a broader move toward protecting family branches and minimising the risk of costly legal challenges after someone passes away.

Choosing per stirpes distribution isn’t just about tradition—it’s about future-proofing your wishes. Here’s why it matters for Australians today:

• Protects Grandchildren and Further Generations: Ensures inheritance flows down the family line, not just sideways to surviving siblings or cousins.

• Prevents Unintended Exclusions: By specifying per stirpes, you reduce the risk that a branch of your family is accidentally cut out of your estate.

• Reduces Legal Disputes: Clear per stirpes provisions can help avoid family conflicts and expensive litigation over your will’s intent.

• Works With Complex Family Structures: As blended families become more common, per stirpes helps ensure fair treatment for all descendants, even those from previous relationships.

With Australians living longer and family structures diversifying, per stirpes provides a safeguard that your legacy passes as you intend—across generations, not just to those present at your passing.

To use per stirpes effectively:

• Be Explicit: Use clear language in your will (e.g., “to my children, per stirpes”).

• Review Regularly: Major life changes—births, deaths, marriages—can affect how per stirpes operates in your estate.

• Consider Digital Tools: Many 2026 online will platforms let you toggle per stirpes options, making it easier to avoid mistakes.

• Seek Professional Advice for Complex Estates: If your family situation is complicated, legal advice can help tailor per stirpes (or other) provisions to your needs.

Per stirpes is more than a legal technicality—it’s a powerful tool for passing on your wealth according to your wishes. With the 2026 legal landscape favouring clear, family-friendly inheritance rules, now is the time to review your will and make sure per stirpes is working for you. Don’t leave your legacy to chance—ensure every branch of your family tree is supported for generations to come.