Per Capita

Per capita (Latin for "by the head") divides an estate equally between the named beneficiaries who are alive, with each person taking an identical share. If one beneficiary has died, their share does not automatically pass to their children — instead it is shared among the survivors, unless the Will says otherwise. This is the natural opposite of a per stirpes distribution.

Per capita suits a will-maker who wants only the named individuals to benefit, regardless of family lines. Example: a Will divides the estate per capita among four nieces and nephews; when one dies before the testator, the estate is split equally among the remaining three. Because a deceased beneficiary's children miss out, a will-maker should consider naming a substitute beneficiary to avoid a lapsed gift.