per capita

per capita
per cap·i·ta /pər-'ka-pə-tə/ adv or adj [Medieval Latin, by heads]
1: equally to each individual
all property to pass to the descendants per capita
— used of a method of distributing an esp. intestate estate compare per stirpes
◇ Per capita distribution of an estate provides each descendant with an equal share of the estate's assets regardless of the degree of his or her kinship. Children, grandchildren, great-grandchildren, etc., all receive equal shares.
2: per unit of population: by or for each individual
a high per capita tax burden

Merriam-Webster’s Dictionary of Law. . 1996.

per capita
adverb allocated, an equal percentage, each to each, per head, percentage pro rata, proportionately, respectively, share and share alike, to each according to his share

Burton's Legal Thesaurus. . 2006


per capita
adj.
(Latin) By heads; according to the number of people; counting individuals and dividing something among them equally.
adv.
per capita

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


per capita
'by head', one of two common methods of division of a fund, usually an estate. Per capita is division by head. Everyone gets an equal share, no matter how close or distant the relationship. Per stirpes is 'division by branch' – each branch of the family gets the same. The idea is best represented by the diagram below:
If William dies and then Robert dies, then the estate would per capita be divided equally between Tom, David and Edward, each getting one third (Mike and Harry being excluded by their living father, Edward). If the division is per stirpes, then the William branch and the Edward branch get half each. Edward is alive and gets his half, whereas on this model Tom and David take a per capita division of the amount allocated to the stirps, i.e. one quarter of the estate.

Collins dictionary of law. . 2001.


per capita
Latin for "by head," meaning to be determined by the number of people. Under a will, this is the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leaving children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred does, leaving two young children. If Freds will states that heirs of a deceased beneficiary are to receive the property per capita, Julie and the two grandchildren will each take a third. If, on the other hand, Freds will states that heirs of a deceased beneficiary are to receive the property per stirpes, Julie will receive one-half of the property, and Alans two children will share his half in equal shares (through Alan by right of representation).
Category: Wills, Trusts & Estates → Estates, Executors & Probate Court
Category: Wills, Trusts & Estates → Living Trusts & Avoiding Probate
Category: Wills, Trusts & Estates → Wills

Nolo’s Plain-English Law Dictionary. . 2009.

per capita
England, Wales
For each person (literally"per head").
In the context of wills, intestacy and trusts, it usually means that each member of a specified group receives an equal share of an estate or a trust fund.
For example, Ninah makes a will leaving her residuary estate to her grandchildren living at her death in equal shares per capita. Ninah has three daughters, Lilly, Enid and Rachel. On Ninah's death Lilly has one child, Enid has two children and Rachel has three children. Each grandchild receives a one-sixth share of Ninah's estate.
See also per stirpes.

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.


per capita
adj. Latin By or through the head. According to the head count, or number of individuals; that is, divided equally among everyone involved.

Webster's New World Law Dictionary. . 2000.


per capita
(Latin: By the heads or polls.)
A term used in the descent and distribution of the estate of one who dies without a will. It means to share and share alike according to the number of individuals.

Dictionary from West's Encyclopedia of American Law. 2005.


per capita
I
[Latin, By the heads or polls.] A term used in the descent and distribution of the estate of one who dies without a will. It means to share and share alike according to the number of individuals.
II By the head; for each individual; equally shared.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

per capita
adj.
   Latin for "by head," meaning to be determined by the number of people. To find the per capita cost, the total number of persons are added up and the bill, tax or benefits are divided equally among those persons.

Law dictionary. . 2013.

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