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To ensure that property passes according to the will-maker’s intention, a 30-day survivorship clause should be added, which requires the surviving spouse to survive the will-maker by 30 days (or such period as the will-maker wishes). A sample clause when the deceased spouse leaves the residue to the surviving spouse is: | To ensure that property passes according to the will-maker’s intention, a 30-day survivorship clause should be added, which requires the surviving spouse to survive the will-maker by 30 days (or such period as the will-maker wishes). A sample clause when the deceased spouse leaves the residue to the surviving spouse is: | ||
:'''SAMPLE:''' “(a) to give the residue of my estate to [residue name], if [they] are alive on the date that is 30 days after the date of my death; | :'''SAMPLE:''' | ||
:“(a) to give the residue of my estate to [residue name], if [they] are alive on the date that is 30 days after the date of my death; | |||
::(b) if [residue name] is not alive on the date that is 30 days after the date of my death, [specify what to do with residue].” (2020 CLEBC ''Wills and Personal Planning Precedents'', 15.4) | ::(b) if [residue name] is not alive on the date that is 30 days after the date of my death, [specify what to do with residue].” (2020 CLEBC ''Wills and Personal Planning Precedents'', 15.4) |
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