Where two or more persons die at the same time or in circumstances which make it uncertain which of them survived the other, the property of each person is disposed of as if he or she survived the other.
A problem arises when one person survives the other for a short period of time. The estate of the first person to die will go through probate (and incur probate fees) and then pass to the survivor. The estate of the survivor will then go through probate (and incur probate fees on the same assets). This results in double estate administration and double probate fees.
A “survivorship clause” is used to try to avoid this situation. By stating in your will that your estate passes to the beneficiary “if he or she survives me by (X) days”, you avoid double probate fees that would otherwise be incurred where one person dies shortly after the first.
Need more information? Contact us at wills@sutherlandlaw.ca..