Legal Definitions - surviving

Surviving refers to an individual or entity that continues to exist or remains alive after a particular event or after others have ceased to exist. In legal contexts, this term often carries specific rights, responsibilities, or entitlements, particularly concerning property, business interests, or the administration of legal arrangements.

• Example 1: Inheritance in a Will

  A person's will specifies that their vacation home should be inherited by their children who are "surviving" at the time of their death. If one of their children unfortunately passes away before the parent, that child would not be considered "surviving" for the purpose of inheriting the home. Only the children who are alive when the parent dies would be entitled to inherit the property.

  This example illustrates "surviving" as remaining alive beyond a specific event (the parent's death) to qualify for a distribution of property.

• Example 2: Business Partnership Agreement

  Two entrepreneurs establish a graphic design studio as partners. Their partnership agreement includes a clause stating that if one partner dies, the "surviving" partner has the option to purchase the deceased partner's share of the business at a predetermined valuation. This allows the business to continue without immediate dissolution.

  Here, "surviving" refers to the partner who outlives the other, granting them specific legal rights and obligations regarding the continuity of the business.

• Example 3: Trust Administration

  A charitable trust is set up with three co-trustees responsible for managing its investments and distributions. The trust document stipulates that if one trustee resigns or becomes incapacitated, the "surviving" trustees will continue to administer the trust without the need for a new appointment, unless their number falls below a certain minimum.

  In this context, "surviving" refers to the trustees who remain in their role and continue to fulfill their duties after one or more co-trustees are no longer able to serve, ensuring the ongoing management of the trust.