wills estate-planning
Estate Planning - Spouses with survivorship clause - could a named beneficiary &quot;double up&quot; on simultaneous death scenario?
<p>Lets say there is a married couple and they both have identical wills; with a survivorship clause along the lines of:</p>

<ul>
<li>I direct that the reside of my estate shall be paid, transferred and delivered to my spouse (xxx) for his/her own use... provided s/he survives me for a period of (30) thirty days.</li>
<li>In the event my spouse (xxx) predeceases me or does not survive me for a period of (30) thirty days, then: give $10k to the church and split the remainder in equal shares to my children.</li>
</ul>

<p>Questions:</p>

<ul>
<li>if both spouses have the same children and die at the same time, does the church get $10K or $20K ?</li>
<li>if the church gets $20k; how would you change the will so the church get $10K total regardless who dies first and the time between the deaths.</li>
</ul>

<p>Links to source would be greatly appreciated.  Thanks.</p>

<h2><a href="https://www.wills-probate.com.au/2016/2739/simultaneous-death-wills-estates/" rel="nofollow noreferrer">Nobody dies at the same time</a></h2>

<p>In Australia at least - other jurisdictions may be different.</p>

<p>If it cannot be determined who passed away first, the deaths are deemed to have occurred in decreasing age order.</p>

<p>In your scenario, the older person's will takes effect as if the younger person were already dead.</p>

<p>If all of the assets of the couple are jointly owned, the younger person's will would never be triggered and the church would get $10k. If the younger person held separate assets, the church would get $10k from each.</p>

<p>How would I redraft it? I wouldn't; I'd hire a lawyer who specializes in probate.</p>

<blockquote>
  <p>if both spouses have the same children and die at the same time, does
  the church get $10K or $20K?</p>
</blockquote>

<p>$20K.</p>

<blockquote>
  <p>if the church gets $20k; how would you change the will so the church
  get $10K total regardless who dies first and the time between the
  deaths.</p>
</blockquote>

<p>There is nothing magic about it. You could do it with language such as: </p>

<blockquote>
  <p>In the event my spouse (xxx) predeceases me or does not survive me for
  a period of (30) thirty days, then: give $10k to the church and split
  the remainder in equal shares to, my children, <strong>provided, however,
  that only one gift shall be made from my spouse and I in the total
  amount of $10K allocated between the estates equally unless my
  spouse's personal representative and my personal representative agree
  to allocate this specific devise otherwise.</strong></p>
</blockquote>
