Wills, Trusts, and Estates

Words of Survivorship

Words of survivorship are generic, boilerplate phrases that claim to condition gifts upon people surviving the testator, such as "if he survives me" or "my surviving children."

UPC § 2-603(b)(3) disregards words of survivorship when looking for contrary intent for antilapse statutes despite them literally stating contrary intent.

  • Virginia does not explicity disregard such words. It leaves it ambiguous.