Legal Definitions - survivorship clause

A survivorship 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 inheritance. This period is usually 60 days. If the beneficiary dies within this time, their inheritance goes to the residuary estate.

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

A survivorship clause is also known as a survival clause.

It is important to include a survivorship clause in a will to ensure that the testator's wishes are carried out as intended and to avoid confusion or disputes among beneficiaries.