commorientes

commorientes
England, Wales
The literal meaning of commorientes is "simultaneous deaths".
The commorientes rule is relevant to the administration of an individual's estate (specifically, the issue of succession to property).
The commorientes rule states that where two or more people die in circumstances where it is not possible to tell who died first, the younger is deemed to survive to elder. 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 administering their estates. The rule is contained in section 184 of the Law of Property Act 1925.
The commorientes rule does not apply to property passing on intestacy.
For further information about commorientes and survivorship clauses generally, see Practice note, Wills: survivorship clauses and commorientes (www.practicallaw.com/4-383-3025).

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.

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