When people think about estate planning, they often focus on how their assets will be distributed after their death — but few consider what happens if a child or other beneficiary dies before they do. While it’s difficult to imagine such a scenario, planning for it is essential to ensure your estate is distributed according to your wishes. Without clear instructions, your assets may be redirected by default inheritance laws, potentially leading to unintended outcomes or family disputes.
An effective estate plan anticipates contingencies, such as a predeceased heir. For example, you may want your child’s share to pass directly to his or her children (your grandchildren), or you may prefer that it be divided among your remaining beneficiaries. These details can be specified in your will or trust through two standard distribution designations: per capita (“by the head”) or per stirpes (“by the branch”). If your documents don’t address this situation, state law may dictate the distribution — and it may not reflect your intentions.
Consider this example: Joan has three children — Anna, Bennet, and Cristine. Anna has three children, and Bennet and Cristine each have one child. If Joan leaves her assets to her children per capita, the estate will be divided equally among them. If Anna predeceases Joan, her share will instead be divided equally between Bennet and Cristine, effectively disinheriting Anna’s three children.
If Joan instead designates per stirpes, Anna’s children would divide her one-third share equally, ensuring her branch of the family remains included.
Another distribution method is by representation, under which all members of the same class or generation are treated equally. This approach functions similarly to per stirpes unless more than one child predeceases you.
Returning to the example, if both Anna and Bennet predecease Joan, a representation distribution gives Cristine one-third, while Anna’s and Bennet’s children split the remaining two-thirds four ways. Under per stirpes, Cristine receives one-third, Bennet’s child receives one-third, and Anna’s children split the final third three ways.
Understanding these distinctions — and choosing the approach that reflects your values — is a critical part of avoiding unintended disinheritance and ensuring your estate plan continues to honor your wishes across generations.
© 2026
