Simultaneous death

Simultaneous death

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.

England and Wales

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.

Russia

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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Look at other dictionaries:

  • simultaneous death — Loss of life by two or more individuals concurrently or pursuant to circumstances that render it impossible to ascertain who predeceased whom. Dictionary from West s Encyclopedia of American Law. 2005. simultaneous death …   Law dictionary

  • simultaneous death act — si·mul·ta·ne·ous death act /ˌsī məl tā nē əs / n: an act providing for the disposition of property or insurance benefits when there is no sufficient evidence that persons (as spouses) died other than simultaneously (as in an accident) ◇ The… …   Law dictionary

  • simultaneous death — A death so contemporaneous with the fatal injury as to be instantaneous in the sense that the victim endured no pain and suffering. Moffett v Baltimore & Ohio R. Co. (CA4 W Va) 220 F 39. The death of two or more persons in a common disaster under …   Ballentine's law dictionary

  • Simultaneous Death Act — A Uniform State Law (adopted by most states) which provides that where passage of title to property depends upon the time of one s death, if there is insufficient evidence that persons have died otherwise than simultaneously, the property of each …   Black's law dictionary

  • simultaneous death clause — A clause in a will which provides for the disposition of property in the event that there is no evidence as to the priority of time of death of the testator and another, commonly the testator s spouse. See Uniform Probate Code, No. 2 104 …   Black's law dictionary

  • Simultaneous Death Act — A uniform law which provides that where title to or the devolution of property depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be… …   Ballentine's law dictionary

  • Uniform Simultaneous Death Act — The Uniform Simultaneous Death Act is a uniform act enacted in some U.S. states to alleviate the problem of simultaneous death in determining inheritance. The Act specifies that, if two or more people die within 120 hours of one another, each is… …   Wikipedia

  • Uniform Simultaneous Death Act — A law used to determine the inheritance when more than one death occurs at the same time. The Uniform Simultaneous Death Act states that if two or more people died simultaneously due to an accident, within an 120 hour survival period, with no… …   Investment dictionary

  • Uniform Simultaneous Death Act — A standard set of laws, enacted by some U.S. states, to deal with inheritance in the case that two people die simultaneously. The Act says that if two (or more) people die within 120 hours of each other, each is considered to have predeceased the …   Law dictionary

  • Uniform Simultaneous Death Act — See Simultaneous Death Act …   Black's law dictionary

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