Per Stirpes Principle versus the Per Capita Principle in Intestate Succession: A brief overview.

Abstract

The Oxford Advanced Learner’s Dictionary 2 defines succession in the context of this topic to mean the act of taking over an official position or title. According to Kerry R., succession is concerned with the transfer or devolution of property on death.3Succession therefore can be loosely defined to mean inheritance,the right to inherit, the order in which inheritance is bequeathed and the condition precedent under which one can succeed another. The law of succession therefore is all about the transfer or devolution of property on the death of an owner to another,his heir.4 The law is the rule by which such devolution occurs.