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Survivorship Clause

A clause requiring a beneficiary to outlive the testator by a set period.

Draft — pending review. This page has been prepared but has not yet been reviewed by a Canadian estates lawyer or a qualified scholar. Treat it as a starting point for questions, not as advice you should act on.

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.

Across the madhahib

No significant difference between the four Sunni schools is recorded on this point in the sources reviewed. 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:

Important

This entry is general information, not legal or religious advice. Inheritance turns on the exact family circumstances. Confirm Canadian law with a lawyer in your province, and any religious ruling with a qualified scholar.