Common Disaster Clauses in Wills

Common Disaster Clauses in Wills

A well drawn will contains a common disaster clause to establish contingent beneficiaries if both husband and wife die within a stated period of time. Without such a clause, if both husband and wife die with to way to determine who died first, their individual property is disposed of as if they had died a widow or widower. Property owned jointly is divided proportionately among their heirs of the joint owners; the husband's heirs receive one-half, the wife's heirs one-half.

Couples of modest means frequently name each other as sole beneficiary, and each has an independent will. Such an arrangement avoids many complications for the survivor when there are minor children.

Source Cumberland surrogate

Example….

I give, devise and bequeath all the rest, residue, and remainder of my estate, real, personal, and mixed, wherever found and wherever situate, to my wife, s1 provided she shall survive me for thirty (30) days.

THIRD: DISPOSITION TO CHILDREN:

In the event that my wife, s1 predeceases me, dies with me in a common disaster, or dies within thirty (30) days of the date of my death, I give, devise, and bequeath all the rest, residue, and remainder of my estate in equal shares to my children