Commorientes

Commorientes in United Kingdom

Definition of Commorientes

In accordance with the work A Dictionary of Law, this is a description of Commorientes :

(Latin)

Persons who die at the same time. Under the Law of Property Act 1925, when the order of death is uncertain commorientes are presumed (so far as the devolution of their property is concerned) to have died in order of seniority. Thus a bequest by the younger to the elder is treated as having lapsed. However, this rule may be displaced by a contrary intention expressed in a will, and under the Intestates’ Estates Act 1952 the rule does not apply when intestate spouses die at the same time: it is assumed that neither spouse left the other surviving.


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