Survivorship Clause (30-Day Condition) (ON)

Summary

This survivorship clause directs the trustee to pay, transfer and deliver the residue of the testator’s estate to the named beneficiary provided the said beneficiary survives the testator for a period of 30 days. This clause includes practical guidance and drafting notes. Particularly for wills made by spouses leaving their respective estates to each other, the addition of a survivorship provision of a certain number of days following the date of death allows for the estate to pass directly to the alternate beneficiaries in the case where the spouses die one very shortly after the other or together where it cannot be determined which one survived. The main advantage is the elimination of the need to administer one estate fully, including payment of full estate administration tax on assets, then transfer all of the value to the estate of the survivor, whose estate is then increased by the value received from the first to die, increasing the administration costs and particularly the ...