Commentary

I4.102 Simultaneous deaths ('commorientes')

IHT, trusts and estates

I4.102 Simultaneous deaths ('commorientes')

I4.102 Simultaneous deaths ('commorientes')

The Law of Property Act 1925, s 184 provides that where two or more persons have died in circumstances rendering it uncertain which of them survived the other for all purposes affecting succession the younger shall be deemed to have survived the elder. This provision only applies as between spouses or civil partners where they have left Wills — if they are intestate neither is treated as surviving the other1 (due to the statutory 28 day survivorship requirement).

The position in Scotland is regulated by the Succession (Scotland) Act 1964, s 31 which is of similar effect to The Law of Property Act 1925, s 184 except where the persons were spouses or civil partners it is presumed that neither survived the other. Where the elder person has

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