Changes

As an example, Adam and Connie are married.  Each have a will providing that each other will be the primary heir, and if they die beforehand then their son Bob will inherit.  Adam and Connie both die in a car accident; therefore Adam will be presumed to predecease Connie, Connie will be presumed to predecease Adam, and Bob will inherit from both wills.

As an example, Adam and Connie are married.  Each have a will providing that each other will be the primary heir, and if they die beforehand then their son Bob will inherit.  Adam and Connie both die in a car accident; therefore Adam will be presumed to predecease Connie, Connie will be presumed to predecease Adam, and Bob will inherit from both wills.

There is no requirement that both parties die as a result of a common reason: if Adam dies in a plane crash, and upon hearing the news Connie suffers a fatal heart attack, the rule still applies.

There is no requirement that both parties die as a result of a common reason: if Connie dies in a car accident on her way to pick up Adam from the airport, and meanwhile Adam dies when the plane crashes short of the airport, the rule still applies.

The rule will NOT apply, however, if the end result is that the estate would escheat to the state.

The rule will NOT apply, however, if the end result is that the estate would escheat to the state.

[[Category:Law]]

[[Category:Law]]