Define: Capita Per

Capita Per is a legal term that refers to the per capita distribution of assets or funds among a group of individuals. It ensures that each person receives an equal share.

Capita Per is commonly used in estate planning and inheritance cases to distribute assets among beneficiaries when there is no specific instruction or will.

Capita Per Stirpes is a distribution method that ensures each branch of a family receives an equal share, even if a beneficiary has passed away. Capita Per, on the other hand, distributes assets equally among all living beneficiaries.

Yes, if a will specifies a different distribution method, such as Capita Per Stirpes or a specific bequest, it will override the default Capita Per distribution.

If there are no living beneficiaries, the assets may be distributed according to the laws of intestacy, which vary depending on the jurisdiction.

In certain circumstances, Capita Per distribution can be challenged in court if there are allegations of fraud, undue influence, or if the distribution goes against the deceased’s intentions.

The tax implications of Capita Per distribution may vary depending on the jurisdiction and the specific assets involved. It is advisable to consult with a tax professional to understand the potential tax consequences.

Yes, a beneficiary has the right to refuse their share in a Capita Per distribution. In such cases, the share may be redistributed among the remaining beneficiaries.

Once the distribution has occurred, it is generally difficult to modify the Capita Per distribution. However, if there are exceptional circumstances or legal grounds, it may be possible to challenge the distribution in court.