A clause in a will that specifies the order in which the death of a husband and wife occurred in a common disaster, so that a situation of not being able to determine the order of death is avoided.
Case | Details | Outcome |
---|---|---|
Smith Estate | Common disaster clause named Mary as the survivor if both died simultaneously. | Mary's specified heirs received the estate according to John's wishes. |
Doe v. Roe | Named alternate beneficiaries to prevent disputes over inheritance. | The estate was distributed equally among the children, avoiding legal conflicts. |
Johnson Estate | Clause directed a portion of the estate to charity in the event of simultaneous death. | The charity received the specified donation, fulfilling the couple's philanthropic intentions. |
Including a common disaster clause in a will is crucial for avoiding legal complications and ensuring that the testator's wishes are honored in the event of simultaneous deaths. This clause provides clarity on the distribution of the estate and can prevent lengthy court battles among potential heirs. By specifying the order of death or naming alternate beneficiaries, a common disaster clause helps protect the estate and ensure a smooth transfer of assets according to the decedent's intentions.
For more detailed information, see our related Wills Trusts And Estates terms: