I'm working on a Thai translation of my will. This particular line I'm stuck on:

'If she fails to survive me by 30 days.....'

 

It's a crucial line because after that phrase I name alternate beneficiaries.
Keeping it simple and unambiguous any suggestions?

It will be quite a challenge to translate the verb "fail" in the context you are using it in your will.

24 minutes ago, Puccini said:

It will be quite a challenge to translate the verb "fail" in the context you are using it in your will.

I don't mind making minor adjustments to the English version to make it more easily translated as long as the logic stays intact. Change 'fails to survive' to 'does not survive'

 

'If she does not survive me by 30 days.....'

 

At one point I was going with this and my wife agreed it looked acceptable:
ถ้าเธอเสียชีวิตภายใน 30 วันหลังจากที่ข้าพเจ้าเสียชีวิต
'If she dies within 30 days after my death'

 

But later I realized the flaw. If her death was prior to mine by even minutes her estate would be the beneficiary and therefore her heirs would be the beneficiaries. Maybe that's why my wife found it acceptable :-)

 

You've got the point. Do not write "if she does not survive me by 30 days..."

 

Another point: do not write "she". If, as it appears, you mean your wife, rite "If my wife does not survive me by 30 days..."

 

What is the effect of such clause written by a husband into his will?

1. If the wife dies within 30 days her husband's demise, the assets that the wife would inherit without this clause do not become part of the assets that the wife's heirs would be able to claim if this clause did not exist and instead they go to the persons designated by the husband for the case of such eventuality.
2. The persons who believe to be the husband's designated beneficiaries in the case that his wife dies within 30 days of his own demise have an incentive to bring about the testator's death within 30 days of his demise.

In other words, this clause can be a two-sided sword.

 

 

6 hours ago, Puccini said:

You've got the point. Do not write "if she does not survive me by 30 days..."

 

Another point: do not write "she". If, as it appears, you mean your wife, rite "If my wife does not survive me by 30 days..."

 

What is the effect of such clause written by a husband into his will?

1. If the wife dies within 30 days her husband's demise, the assets that the wife would inherit without this clause do not become part of the assets that the wife's heirs would be able to claim if this clause did not exist and instead they go to the persons designated by the husband for the case of such eventuality.
2. The persons who believe to be the husband's designated beneficiaries in the case that his wife dies within 30 days of his own demise have an incentive to bring about the testator's death within 30 days of his demise.

In other words, this clause can be a two-sided sword.

 

 

Correction: ...bring about the wife's death within 30 days of the testator's demise.

 

13 hours ago, Puccini said:

The persons who believe to be the husband's designated beneficiaries in the case that his wife dies within 30 days of his own demise have an incentive to bring about the testator's wife's death within 30 days of his demise.

Virtually every Will written would have the same problem of incentive since any named beneficiary stands to make a financial gain from the testator's death and any beneficiary could stand to gain even more if a fellow beneficiary were to die living their share to split with any remaining beneficiary(s).

 

13 hours ago, Puccini said:

Another point: do not write "she". If, as it appears, you mean your wife

I used the term 'wife' loosely, we are not legally married.