A clause requiring a beneficiary to outlive the testator by a set period.
In Islamic law
Faraid determines entitlement at the moment of death, so simultaneous or near-simultaneous deaths raise questions scholars address specifically.
In Canadian law
Typically 30 days. It prevents an estate passing through a beneficiary who dies days later, incurring two sets of administration.
Making an Islamic will in Canada — province by province, and what makes one valid where you live →
We have not yet researched whether the four Sunni schools differ on this term, so we are not going to tell you either way. Where a specific case turns on it, ask a qualified scholar rather than relying on a general summary.
Canadian legal detail
Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:
- Survivorship period clause ontario
- What happens if estate trustee dies before testator
- Beneficiary dies before you ontario will
This is legal information only. For advice on your own circumstances, speak to a lawyer.
Citations & sources
Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- Survivorship period clause ontario — Treadstone Law
- What happens if estate trustee dies before testator — Treadstone Law
- Beneficiary dies before you ontario will — Treadstone Law
- Co executor dies during estate administration ontario — Treadstone Law
- Wills & estates practice — Treadstone Law