Typically, the words ‘per stirpes’ or ‘per capita’ are used directly within the language of a well-written Last Will & Testament document.
This language is used expressly in all of Standard Legal’s Will documents as generated from their legal forms software.
But by law, Standard Legal cannot analyze your legal document for you when it has been written by another document company, law firm or attorney; doing so is providing legal advice. You must make such an evaluation on your own, engage a local attorney, or contact the local Probate Court that will probate the Will when it is executed.
If ‘per stirpes’ or ‘per capita’ are not written anywhere within the Will document, you must review the laws of your state to determine the default asset distribution method.