Legal Question in Wills and Trusts in Wyoming

Beneficiary survival succession

What is the purpose, and what are the benefits, or disadvantages to including a survivorship clause, such as the following, in a will:

''If any beneficiary of this Will, shall die within 60 days of my death or prior to the distribution of my estate, I hereby declare that I shall be deemed to have survived that person.''

I have read this over and over and it just isn't getting through to me, that it serves any purpose, especially since the will also contains a clause spelling out how lineal descendants are to benefit in case of death of any of the primary beneficiaries.


Asked on 1/14/04, 4:56 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Beneficiary survival succession

In simultaneous or nearly so death cases, it avoids the problem of deciding who died first. Who died first can have considerable implications for the children of a deceased beneficiary as well as co-beneficiaries.

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Answered on 1/14/04, 6:42 pm


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