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DecisionsSurvivorship clause in Last Will upheld

June 24, 2020

The case is Matter of Anderson and the appellate court upheld the denial of an application to construe a 30-day survivorship clause in a Last Will and Testament as inapplicable to certain bequest items (i.e. that a beneficiary must survive the testator by 30 days in order to be an eligible recipient). The application that the clause be inapplicable was based upon the use of the word “tangible” items followed by cash and real property bequests. The trial court held that it was clear that the items were subject to the survivorship clause notwithstanding the erroneous use of the word “tangible”. (which means the petitioners – the estate of a beneficiary who did not survive 30 days – were out of luck)

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Founder and Principal Attorney at the Law Office of Bryan Greenberg LLC, Middlesex County, NJ. With an unwavering commitment to guiding individuals through the complex and emotional landscape of divorce and family law matters, Bryan stands as the founding attorney of Law Office of Bryan Greenberg. Backed by years of legal expertise and a deep understanding of Middlesex County's legal landscape, Bryan is dedicated to offering compassionate yet pragmatic solutions to every client's unique situation. Through insightful blog posts, Bryan shares valuable insights, tips, and advice on navigating the challenges of divorce and family law, helping individuals make informed decisions during these critical life transitions. For comprehensive legal guidance and empathetic support, turn to Bryan Greenberg and the team at the Law Office of Bryan Greenberg.

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