simultaneous death clause

simultaneous-death clause. A testamentary provision mandating that if the testator and beneficiary die in a common disaster, or the order of their deaths is otherwise unascertainable, the testator is presumed to have survived the beneficiary. • If the beneficiary is the testator’s spouse, an express exception is often made so that the spouse with the smaller estate is presumed to have survived. See simultaneous death under DEATH. Cf. SURVIVAL CLAUSE.

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词条贡献者

译员黎川，在一家顶尖澳洲律师事务所的上海办公室担任全职法律翻译，擅长翻译涉及工业与制造业领域的法律文件。