What is a survivorship clause in a will and why does it matter in Ontario?
A survivorship clause in a will conditions a beneficiary's entitlement on surviving the testator by a specified period — typically 30 or 60 days. Without such a clause, if both a testator and a beneficiary die close together (for example, in the same accident), assets might pass briefly to the beneficiary's estate only to immediately be distributed again under that estate's rules — resulting in double probate costs and potentially unintended distribution.
With a survivorship clause, if the beneficiary dies within the specified period, they are treated as having predeceased the testator for the purposes of the will. This typically causes the gift to pass to the alternate beneficiary named in the will.
Ontario's intestacy rules and some trusts legislation include deemed survivorship provisions for certain situations, but these do not address every scenario. Survivorship clauses are a straightforward drafting tool that every estate lawyer can include when preparing a will. They are especially important for spouses who share substantial assets, ensuring the estate is not unnecessarily complicated by short-interval deaths.
Key takeaways
- A survivorship clause requires a beneficiary to outlive the testator by a set period (often 30–60 days).
- It prevents double probate costs and unintended distribution when deaths occur close together.
- Without such a clause, assets may briefly pass to a beneficiary's estate before re-distributing.
- Survivorship clauses are a standard, inexpensive addition to any will.