Survival Clause / Survivorship Period
A will clause requiring beneficiaries to survive the testator by a specified time (often 28 days) to inherit. Prevents double taxation.
A survival clause (or survivorship period) requires a beneficiary to survive the testator by a certain number of days - typically 28-30 days - to inherit.
Why Use a Survival Clause
- Avoid double probate: If beneficiary dies shortly after, their estate also goes through probate
- Tax efficiency: Prevents assets being taxed twice in quick succession
- Keep assets in your family: If your spouse dies soon after, their family (not yours) might inherit
- Simplify administration: One estate to deal with instead of two
How It Works
Example clause: "I give everything to my wife provided she survives me by 28 days. If she does not, I give everything to my children equally."
Common Periods
- 28 days (common in UK wills)
- 30 days (also common)
- Up to 6 months (maximum for IHT spouse exemption to work)
Important Limitation
For the spouse exemption to apply, the survival period must be 6 months or less. Longer periods mean no spouse exemption if the spouse dies within the period.
Common questions
What if there's no survival clause and we die together?
The "commorientes" rule applies - the older person is deemed to die first. This can cause unintended results.
Can the survival period be any length?
Technically yes, but longer than 6 months loses the spouse exemption for IHT. 28-30 days is most common.
What happens during the survival period?
The gift is held by executors. If the beneficiary survives, they inherit. If not, the alternative beneficiaries receive it.
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