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Simultaneous death |
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This article does not cite any references or sources. Please help improve this article by adding citations to reliable sources. Unverifiable material may be challenged and removed. (July 2008) |
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| Wills, trusts and estates |
| Part of the common law series |
| Wills |
| Wills (legal history) Joint wills and mutual wills Will contract · Codicil Holographic will · Oral will |
| Sections Attestation clause Residuary clause Incorporation by reference |
| Contest Testamentary capacity Undue influence Insane delusion · Fraud |
| Property disposition Lapse and anti-lapse Ademption · Abatement Elective share Pretermitted heir |
| Trusts |
| Express · Constructive Resulting |
| Common types Bare · Discretionary Accumulation and Maintenance Interest in possession Charitable · Purpose · Incentive |
| Other types Protective · Spendthrift Life insurance · Remainder Life interest Reversionary interest Honorary · Asset-protection |
| Governing doctrines Pour-over will Cy-près doctrine |
| Estate administration |
| Intestacy · Testator · Probate Power of appointment Simultaneous death · Slayer rule Disclaimer of interest · Inheritance tax |
| Related topics |
| Totten trust |
| Other common law areas |
| Contract · Tort · Property Criminal law · Evidence |
Simultaneous death is a problem of inheritance which occurs when two people, at least one of whom is entitled to part or all of the other's estate on their death (usually a husband and wife) die at the same time in an accident. Under the common law, if there was any evidence whatsoever that one party had survived the other, even by a few moments, then the estates would be distributed in that order, though the decedents could write (have written) a clause in the will that requires their property to be distributed as though each had predeceased the other.
In order to alleviate problems of proving simultaneous death, many states in the United States have enacted the Uniform Simultaneous Death Act.
The common law of England and Wales (also Australia) does not accept the possibility of simultaneous death. Where there is no satisfactory medical evidence as to the order of death, the elder of the two is deemed to have died first. This can cause difficulties where for example the elder person had children prior to marriage. The rules can be ousted if inappropriate by an explicit provision in a will.
However it is the Revenue's longstanding practice to apply a concessionary treatment for inheritance tax purposes in such cases which reduces the burden on surviving family members.
According to the laws of Russia, if people die the same day their deaths are considered simultaneous and they don't inherit after each other.
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