Survivorship Clause

A survivorship clause states that a beneficiary only inherits if they survive the testator by a specified time, commonly 30 days. It avoids the awkward outcome where assets pass briefly to someone who dies almost immediately afterwards — for example in a common accident — and then flow into that person's own estate to be distributed under their Will rather than yours, with two lots of administration. Instead the gift goes directly to the next named beneficiary.

Survivorship clauses are standard in mirror Wills for couples who could die together. Example: "Any beneficiary who does not survive me by 30 days shall be treated as having predeceased me." The clause works alongside a substitute beneficiary so the estate has a clear path if the primary beneficiary dies in close succession.