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30 day survivorship clauses in wills

30 replies

cartoonheart · 17/01/2013 14:18

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)

OP posts:
cartoonheart · 21/01/2013 14:37

(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)

OP posts:
mumblechum1 · 22/01/2013 13:46

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 · 22/01/2013 14:08

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

OP posts:
cartoonheart · 23/01/2013 12:07

.

OP posts:
Ladyflip · 23/01/2013 21:37

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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