What is a survivorship clause in a will?

You may not know you even have one in your will. If you drafted your own will chances are its missing. If your will was drafted by a lawyer it may be there but do you know what it does? Let's look at it more closely so you can understand why it is included in a will. 

Survivorship clauses are actually one of the most useful clauses you can include in a will. Not that I want to say you must have a lawyer draft your will but this is one of the reasons why you should!

A survivorship clause says a beneficiary must survive the person who made the will (the testator) for a certain period, often 28 or 30 days, before they can inherit. Why do we need to say this, because life can be unpredictable. Sometimes, two people die very close together from being in an accident or a broken heart from losing their life partner, and without a survivorship clause, things can get messy.

Examples

Imagine this:

💡 Scenario 1 – Jack and Jill are a married couple, and Jack leaves everything to Jill in his will. But what if, when Jack falls down the hill he doesn't just break his crown but dies because of his fall? Jill, as we know, tumbled down the hill after Jack. But just a few days later, due to her injuries, Jill also dies. Jack's will didn't have a survivorship clause. Under the law which governs this area Jack’s entire estate would first pass to Jill because he died before her. It doesn't matter that Jill only had the benefit of Jack's estate for a few days before she dies. When Jack died his assets immediately become part of Jill's estate. That means her will (or intestacy rules if Jill doesn’t have a will) will decide where Jack’s assets end up. That might not be what Jack wanted at all!

💡 Scenario 2 – Let’s say you’re leaving everything to your children equally in your will. If one of them sadly dies shortly after you, would you want their share to go straight to their children (your grandchildren) or should it be divided among your surviving children? A survivorship clause would help to ensure that what you wanted to happen does. 

Benefits of including a survivorship clause

✔ Prevents Unintended Inheritance Transfers – Without one, your estate could accidentally pass through multiple estates, causing legal and tax headaches.

✔ Avoids Double Probate Costs – If two people die close together, probate may have to be done twice. A survivorship clause can avoid this extra time, stress, and expense.

✔ Reduces Tax Issues – If assets transfer unnecessarily between estates, it can create additional inheritance tax liabilities. A survivorship clause can help keep things tax-efficient.

✔ Gives Clarity and Control – It ensures your estate is distributed in a way that makes sense, rather than being left to chance or intestacy rules.

How Long Should the Survivorship Period Be?

Most survivorship clauses specify 28 or 30 days, but you can choose a longer period if you prefer. Some people go for 60 or 90 days, particularly if they’re worried about tax or probate delays.

Just remember, if a beneficiary doesn’t survive you by the required period, the law considers them to have died before you so they will not inherit. Their inheritance will usually pass to whoever is next in line in your will (which could be their children, siblings, or another named beneficiary).

Did Jill inherit from Jack by survivorship after his fall?

Do I Have a Survivorship Clause in My Will?

Good question! If you don’t know, it’s worth checking. If your will was drafted professionally, there’s a good chance it’s already in there . But if you’re unsure, or if made your own will it’s best to have it reviewed.

If you’re in the process of making a will now, ask about including a survivorship clause. It’s a small addition that can make a huge difference.

Final Thoughts

A survivorship clause might not be the most exciting part of a will, but it’s one of those little details that can prevent big problems later on. Estate planning isn’t just about deciding who gets what, it’s about making sure it happens in the smoothest, most efficient way possible. This is why, as unpleasant or expensive as you think it will be, you should seek professional advice from a lawyer when making your will!! You are investing in your family's future security not just spending money on things you don't need.