This is an interesting addition to wills which helps executors be clear about the order of death. Imagine if you can an awful car crash and a husband and wife in the car perish, who dies first?
When using the 30 day clause it is clear to the executors that all cannot pass to the husband or wife from their deceased spouse as their wills say that they can only inherit if the spouse survives them by 30 days. This means that the second half (or reserve residue) of each will is read rather than the initial residue clause.
Without such a clause in the will the elder of the two is deemed to have died first so if the husband is older and his will gives everything to his wife then her will in turn gives everything to her son, the son inherits all that was the husband’s. Even if the reserve beneficiary in his will is his brother for example. The brother would inherit nothing.
Our online wills do not include at present the 30 clause, if you need such a clause in your will ten please call us on 01305 774786 aand we can help you write your will by telephone.
