Legal Definitions - survivance

Survivance refers to the legal right of a specifically designated individual to automatically succeed to a position, title, or property upon the death of the current holder.

This concept ensures a smooth transition by pre-determining who will take over certain responsibilities or assets without the need for further legal action or decision-making at the time of the incumbent's passing.

• Example 1: Corporate Leadership Transition

  Imagine a technology startup where the company's operating agreement explicitly states that if the Chief Technology Officer (CTO) were to pass away unexpectedly, the Head of Engineering would immediately and automatically assume the role of interim CTO. This clause is put in place to prevent a leadership vacuum and ensure continuity in product development.

  This illustrates survivance because the Head of Engineering is the "survivor named" in the operating agreement, and they have the "right of succession" to the "office" of CTO upon the incumbent's death.

• Example 2: Succession to a Family Estate

  Consider a family that owns a historic vineyard. The patriarch's will specifies that upon his death, his eldest daughter, who has been managing the vineyard for years, will automatically inherit the title of owner and managing director of the vineyard estate, bypassing the need for probate court to decide this specific aspect of the inheritance.

  Here, the eldest daughter is the "survivor named" in the will, and she holds the "right of succession" to the "estate" (the vineyard and its management) immediately upon her father's passing.

• Example 3: Designated Beneficiary of a Specific Fund

  A university professor establishes a scholarship fund in their name. The fund's charter specifies that upon the professor's death, their long-time research assistant will automatically become the sole administrator of the scholarship fund, responsible for selecting recipients and overseeing its disbursements, for a period of ten years.

  This demonstrates survivance because the research assistant is the "survivor named" in the fund's charter, and they are granted the "right of succession" to the "office" (administrator) of the fund upon the professor's death.