IHTM12192 - Simultaneous deaths (commorientes): general law (England and Wales)

If two or more persons die in circumstances in which the order of their deaths is uncertain, for example in a road accident, the devolution of their estates is governed by s.184 Law of Property Act 1925.

This provides

• that the deaths are presumed to have occurred in order of seniority so that the younger is presumed to have survived the elder,

but

• this is subject to any court order, and
• where the deaths are of husband and wife or civil partners ( IHTM11032) and the elder died intestate, the intestacy rules apply as if the younger spouse or civil partner had not survived the elder.