**Common Disaster Clause** (noun) — A provision in a will or estate planning document that specifies how assets should be distributed if the testator and beneficiary die simultaneously or in circumstances where the order of death cannot be determined.
A common disaster clause addresses what happens if you and your beneficiaries die at the same time or in circumstances where no one knows who died first. Without this clause, the law must make assumptions about order of death, which might not match what you'd want.
The clause typically says your beneficiary must survive you by a specific period (often 30 or 60 days) for their gift to take effect. If they die within that window, the gift goes to the alternate beneficiary instead.
This matters most for couples with mutual wills. If both die in a car accident, does his family inherit everything because he survived her by three minutes? The common disaster clause prevents this by requiring clear survival for a meaningful period.
⏱ When you'll encounter this term
Common disaster clauses appear in most well-drafted wills, especially for married couples or people leaving significant gifts to others of similar age. They prevent assets from passing to unintended beneficiaries due to technical order-of-death determinations.
Without this clause, property might briefly pass to your spouse's estate even if they died moments after you, then distribute according to their will rather than yours. Your assets could end up with your spouse's family instead of yours, or vice versa.
You'll encounter this clause when reviewing or creating wills, particularly when considering what happens if primary and alternate beneficiaries die close together in time. The clause works alongside survivorship provisions to ensure property goes to intended recipients.
**Related terms:** [Beneficiary](/dictionary/beneficiary), [Simultaneous Death](/dictionary/simultaneous-death), [Will](/dictionary/will)
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"Mum and Dad's wills both had common disaster clauses requiring the other to survive by 30 days. When they died in a car crash together, their estates went to us kids instead of passing briefly through one to the other."