Define: Surviving

Surviving
Surviving
Quick Summary of Surviving

Surviving refers to someone who is still alive after a specific event, such as a spouse who outlives their partner. It can also describe a company that continues to operate after facing challenges. A survivor is someone who outlives another person, and can also be a trustee who takes over a trust when the original trustee is unable to continue.

Full Definition Of Surviving

Surviving refers to the act of remaining alive or continuing to operate after a potentially harmful or fatal event or circumstance. For instance, a surviving spouse is the husband or wife who remains alive after the death of their partner. Similarly, a surviving corporation is a company that continues to function following a merger or acquisition. In addition, a surviving partner is a business associate who remains in the company after the departure or passing of the other partner. Furthermore, a survivor is an individual who has outlived another person, such as a survivor of a natural disaster or a survivor of a disease. These examples demonstrate how the term “surviving” is utilised to describe someone or something that has endured a challenging or difficult situation and has successfully persevered in living or operating.

Surviving FAQ'S

While it is possible to create a will on your own, it is highly recommended to consult with an attorney to ensure that your will is legally valid and covers all necessary aspects.

If you die without a will, your assets will be distributed according to the laws of intestacy in your jurisdiction. This means that the court will determine how your assets are divided among your heirs, which may not align with your wishes.

You can designate a guardian for your children in your will. It is important to discuss this decision with the potential guardian beforehand and consider their willingness and ability to fulfill this role.

A living will, also known as an advance healthcare directive, allows you to specify your medical treatment preferences in case you become incapacitated. It is recommended to have a living will to ensure your wishes are followed.

In most jurisdictions, you have the right to disinherit someone from your will. However, it is important to consult with an attorney to ensure that you follow the legal requirements and avoid potential challenges to your will.

There are various estate planning strategies, such as creating a trust, that can help protect your assets from creditors. Consulting with an attorney specializing in estate planning can provide you with the best options for your specific situation.

A revocable trust can be modified or revoked by the grantor during their lifetime, while an irrevocable trust cannot be changed without the consent of the beneficiaries. Each type of trust has different benefits and considerations, so it is important to discuss with an attorney.

Yes, it is possible to contest a will if you have valid grounds, such as lack of testamentary capacity or undue influence. However, contesting a will can be complex and costly, so it is advisable to consult with an attorney to assess the strength of your case.

Probate is the legal process of administering a deceased person’s estate. The duration of probate can vary depending on the complexity of the estate and any potential disputes. On average, it can take several months to a year or more to complete.

Yes, you can make changes to your will by creating a codicil or by revoking the existing will and creating a new one. It is important to follow the legal requirements for making changes to ensure their validity. Consulting with an attorney is recommended to ensure proper execution.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.

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