What is the commorientes rule?

In a nutshell, the commorientes rule (found in Section 184 of the Law of Property Act 1925) states that where two or more persons have died in circumstances where it is uncertain which of them survived the other, the younger is presumed to have survived the elder for all purposes affecting the title to any real …

Does the commorientes rule apply when one spouse dies testate and the other dies intestate?

Commorientes and intestate spouses The statutory presumption does not apply between spouses, if the older spouse dies intestate, in respect of property passing under intestacy rules.

What does commorientes meaning?

The term ‘commorientes’ is universally used across legal systems, to describe people who died simultaneously (in the same disaster or catastrophe). The origin of the word lies in the Latin word commorior (die together).

What happens when two people die at the same time?

The effect of this means that for succession purposes it doesn’t matter whether person A or B dies first or second. This is because ultimately, once they have both died, the same Beneficiaries will inherit in the same proportions of the remaining Estate at the time of the second death of the couple.

What are the rules of the intestacy Act?

The intestacy rules, on the simultaneous deaths of an intestate individual and his spouse or civil partner. A spouse or civil partner who dies within 28 days of the intestate’s death is deemed not to have survived ( section 46 (2A), Administration of Estates Act 1925 ).

What is the commorientes rule in real estate?

In a nutshell, the commorientes rule (found in Section 184 of the Law of Property Act 1925) states that where two or more persons have died in circumstances where it is uncertain which of them survived the other, the younger is presumed to have survived the elder for all purposes affecting the title to any real property.

When does the commorientes rule apply to inheritance?

For example, if a husband (the elder) and a wife (the younger) die together in a car accident and it is not possible to tell who died first, the wife is deemed to survive the husband for the purposes of succession to their estates. The commorientes rule does not apply for the purposes of: Inheritance tax (IHT) on death.

Is the IHT rule overriding the commorientes rule?

The interaction of the commorientes rule and the IHT rule can have IHT advantages for spouses and civil partners, but these may be lost if the effect of the commorientes rule is overriden by a survivorship clause in the will. The intestacy rules, on the simultaneous deaths of an intestate individual and his spouse or civil partner.