A clause used in a reciprocal will that establishes a presumption that one spouse died first and the other survived, even if it is not possible to determine which spouse died first.

• A. In terrorem clause
• B. Precatory language
• C. Anti-lapse clause
• D. Survival presumption clause

Answer: (D)

A clause that creates a default assumption of survivorship in a reciprocal will addresses what happens when it’s impossible to tell who died first. This survival presumption clause ensures the disposition proceeds as if the surviving spouse outlived the other, preserving the intended transfer to the survivor or the survivor’s estate rather than letting the deceased spouse’s heirs claim the asset. In reciprocal wills, where each spouse’s will mirrors the other’s, this rule keeps the intended plan intact even in a situation of simultaneous death or ambiguity about the order of death. The other options miss the point: an in terrorem clause is about discouraging challenges to the will; precatory language expresses wishes that aren’t legally binding; an anti-lapse clause deals with substituting deceased beneficiaries’ issue when they predecease; none of these specifically address resolving who died first when the order is uncertain.