Commorientes Rule 1 When Two People Die At Same Time

Published / Last Updated on 08/08/2019

When two people die at the same time i.e. simultaneous death and it is impossible to establish who died first, the 'commorientes' rule of the Property Act 1925 applies.

The older person is deemed to have died first.

E.g. if father and son, then father deemed to have died first, father's estate passes e.g. if left to son, then estate to son and then son's estate (including father's estate) distributed in accordance with son's wishes/will etc.

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