Common Disaster Clause

A Common Disaster Clause is a legal provision often included in wills, trusts, or insurance policies that addresses the scenario where two or more parties (typically spouses or partners) die in a common disaster, such as a natural disaster or accident, in which it is unclear who died first.

This clause ensures that the estate or benefits are distributed according to the testator’s or grantor’s wishes, regardless of the order of death. Without this clause, the laws of intestacy or the default provisions of the governing legal documents could lead to unintended distributions, potentially causing significant complications in the administration of the estate.

For example, if a husband and wife both die in a car accident without a Common Disaster Clause, it may be difficult to determine which one died first. This uncertainty could impact how their assets are distributed if, for instance, the husband wanted all of his assets to go to his wife, and vice versa. A Common Disaster Clause could specify that, in the event of their simultaneous death, the assets would be distributed as if the wife predeceased the husband, ensuring clarity and adherence to their wishes.

In Texas, including a Common Disaster Clause can help avoid potential disputes among heirs and streamline the probate process, particularly in cases where protections against simultaneous death are beneficial for estate planning.