I12.1131 Introductory

Survivorship clauses

I12.1131 Introductory

Survivorship or 'commorientes' clauses are commonly included in wills. Under such a clause a gift is made conditional on the donee surviving the testator by a specified period, typically a month or 28 days. The intestacy rules now impose a condition of surviving the intestate by 28 days on the interests taken by a surviving spouse or civil partner of the intestate1. Where the survivorship period is six months or less, IHTA 1984, s 92 provides that IHTA 1984 applies as if the dispositions taking effect at the end of the survivorship period or the

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