Tag Archives: Presumption of Death Act

Survivorship

I recently had the opportunity to visit the ruins of Herculaneum, an ancient city near Naples that, like Pompeii, was destroyed by the eruption of Mount Vesuviusin 79 AD.  While we are familiar with the story of the cities which were destroyed, walking though the restored remains of the city brought home to me the fact that disasters, natural or otherwise, can in fact decimate an entire family.  My thoughts then drifted to what would happen if the family that died together were all without wills.  In BC, we would look to the Survivorship and Presumption of Death Act.  It provides that if two or more people die at the same time (or in circumstances that make it uncertain which of them died first) the law presumes that they died in order of the oldest to the youngest. 

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