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Legal Terms -commorientes
Persons who die at the same time or when the order of death is uncertain. In terms of the devolution of their property, commorientes are assumed to have passed away in seniority order under Section 184 of the Law of Property Act of 1925. Therefore, it is considered that a bequest made by the younger to the elder has expired. Nonetheless, a will's contrary intent may override this requirement if a *survivorship provision is used. According to Section 46 (3) of the Administration of Estates Act 1925, the rule does not apply in cases of intestacy when the intestate and the intestate's spouse or civil partner pass away simultaneously or when the order of death is unclear. It should be noted that in cases where an intestate passes away after January 1, 1996, a surviving spouse or civil partner would only inherit the intestate's estate if they outlast the intestate by 28 days, as per Section 46(2A) of the Administration of Estates Act 1925 (as amended by the Law Reform (Succession) Act 1995). For inheritance tax reasons, the commorientes rule is not applicable. Section 4(2) of the Inheritance Tax Act 1984 states that in cases where the order of deaths is unclear, it is presumed that no one survived the other.
Persons who die at the same time or when the order of death is uncertain. In terms of the devolution of their property, commorientes are assumed to have passed away in seniority order under Section 184 of the Law of Property Act of 1925. Therefore, it is considered that a bequest made by the younger to the elder has expired. Nonetheless, a will's contrary intent may override this requirement if a *survivorship provision is used. According to Section 46 (3) of the Administration of Estates Act 1925, the rule does not apply in cases of intestacy when the intestate and the intestate's spouse or civil partner pass away simultaneously or when the order of death is unclear. It should be noted that in cases where an intestate passes away after January 1, 1996, a surviving spouse or civil partner would only inherit the intestate's estate if they outlast the intestate by 28 days, as per Section 46(2A) of the Administration of Estates Act 1925 (as amended by the Law Reform (Succession) Act 1995). For inheritance tax reasons, the commorientes rule is not applicable. Section 4(2) of the Inheritance Tax Act 1984 states that in cases where the order of deaths is unclear, it is presumed that no one survived the other.
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