Legal Definitions - survival clause

A survival clause is a provision in a will that requires a beneficiary to survive for a certain period of time after the testator's death in order to receive their bequest. This period is usually 60 days. If the beneficiary dies within this time, the gift will go to the residuary estate instead. This clause is also known as a survivorship clause.

For example, if a testator leaves $10,000 to their niece with a survival clause of 60 days, and the niece dies 30 days after the testator, the $10,000 will go to the residuary estate instead of the niece's heirs.

A survival statute is a law that allows certain legal actions to continue even after the death of the person who could have originally brought the action. This law is especially useful in cases where the decedent incurred damages before their death, and the estate needs to recover those damages.

For example, if someone is injured in a car accident and dies a few days later, their estate can still sue the driver who caused the accident for damages under the survival statute. This allows the estate to recover the damages that the decedent would have been entitled to if they had survived.