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.
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