Legal Definitions - survivorship

Survivorship refers to the legal principle or condition where a person outlives others, particularly when this has implications for rights, property, or obligations previously shared among them. It often determines who inherits property or assumes full ownership when co-owners or co-beneficiaries die.

• Example 1: Joint Ownership of Property

  Imagine two siblings who purchase a vacation home together, holding the title as "joint tenants with right of survivorship." This specific legal arrangement means that if one sibling passes away, the surviving sibling automatically becomes the sole owner of the entire property, without the need for the property to go through the probate process as part of the deceased's estate.

  This example illustrates survivorship because the continued existence of one sibling directly dictates that they inherit the deceased sibling's share, thereby gaining full ownership of the property simply by being the survivor.

• Example 2: Trust Distribution to Beneficiaries

  Consider a will that establishes a trust fund for a person's three adult children. The will specifies that upon the person's death, the trust assets are to be divided equally among "the children then living."

  Here, if one child unfortunately passes away before the parent, the remaining two children would be the "survivors" who would then equally divide the entire trust assets. This demonstrates survivorship as the condition of being alive at a specific point in time (the parent's death) to be eligible to receive a benefit from the trust.

• Example 3: Life Estate with Remainder Interest

  A property owner grants a "life estate" in their home to their elderly aunt, meaning the aunt can live in the home for the rest of her life. The deed also states that upon the aunt's death, the property will automatically pass to the owner's daughter (the "remainderman").

  In this situation, the daughter's right to receive the property is contingent on her surviving the aunt. When the aunt passes away, the daughter, as the survivor of the two individuals whose lives defined the property interests, automatically gains full ownership. This illustrates survivorship determining the ultimate transfer of property rights.