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30 day survivorship clauses in wills

(31 Posts)
cartoonheart Thu 17-Jan-13 14:18:48

why are they set out 30 days? is this just the norm? or can it be sometimes longer or shorter?

(i'm in the uk)

cartoonheart Mon 21-Jan-13 13:26:39

so is it the costs of waiting mean that it's better to keep it to a relatively short period - and 28/30 days is thought a good guess at this clause being useful in case of a car crash or similar then? thank you

cartoonheart Mon 21-Jan-13 14:37:29

(incidentally, wasn't meaning to be a pain in the bum, mumblechum1... and do appreciate all previous answers)

(also, not a lawyer - so perhaps am not good at getting my head around these things)

mumblechum1 Tue 22-Jan-13 13:46:31

It's partly to prevent having 2 lots of executorship expenses and partly to speed things up so that the distribution of one estate isn't slowed down because it's entangled in that of the other.

cartoonheart Tue 22-Jan-13 14:08:17

And the costs of waiting around for 6 months which i still think would be legal mean its better to get it done in 28 or 30 days and that 28 or 30 days would be still considered a useful period in case of a car crash or similar

cartoonheart Wed 23-Jan-13 12:07:00

.

Ladyflip Wed 23-Jan-13 21:37:39

It doesn't mean that the first estate is finalised within 28 days, just that you have to survive the deceased for 28 days before you become entitled to inherit (acquire a vested interest is the technical term). It's not "illegal" to wait for 6 months, if that's what you want, but it does mean the beneficiary cannot receive any money from the estate during that period. Which could present difficulties.
It usually takes a few months to deal with an estate but can take years, it depends on the assets in the estate. If, for example, you have to sell a house, you will have to wait until you can find a buyer, which can take a while. There is no fixed time period.

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