Edward's client is updating his will and is concerned what will happen to his and his wife's estates should they die within a short time of each other. Which clause in the will should Edward recommend the couple discuss with their lawyer?
A survivorship clause addresses the risk that spouses or beneficiaries die within a short period of each other. The clause normally requires a beneficiary to survive the testator by a specified number of days before inheriting. Without such a clause, assets may pass through one estate and then almost immediately through another, increasing administration complexity, probate exposure, and possible distribution results that do not match the couple's intentions. A conversion clause is not the standard will clause for this issue. A life interest gives someone use or income from property for life, which is a different estate-planning tool. A successor designation may apply to certain registered or TFSA arrangements, but the will provision for near-simultaneous deaths is survivorship. Edward should advise the client to discuss survivorship wording with a lawyer because provincial legislation and drafting precision matter. Study Guide focus: wills, survivorship clauses, estate administration, simultaneous death planning, and beneficiary succession.
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