Definition
The commorientes rule is a legal presumption that when two or more people die together and you cannot prove who died first, the younger person is deemed to have survived the older person.
This principle, established under Section 184 of the Law of Property Act 1925, determines how estates are distributed in tragic circumstances where the order of deaths cannot be determined. Understanding this rule is essential for couples, particularly those with children from previous relationships.
What Does Commorientes Rule Mean?
The term "commorientes" comes from Latin, meaning "those who die together." Section 184 of the Law of Property Act 1925 creates a statutory presumption: when two or more people die and the order of deaths cannot be proven on the balance of probabilities (more than 50% likely), the younger person is deemed to have survived the older person, even if only momentarily.
The landmark case Scarle v Scarle [2019] EWHC 2224 (Ch) demonstrates this rule's impact. John Scarle (79) and Marjorie Scarle (69) were found dead from hypothermia in their Essex bungalow in October 2016. Three forensic pathologists could not determine who died first. The court applied Section 184, presuming Marjorie survived John. The entire estate—approximately £300,000 in jointly owned property—passed to Marjorie's daughter, while John's daughter from a previous relationship received nothing.
Consider Sarah (58) and David (62), who die together in a car accident. The order of deaths cannot be determined. Sarah is deemed to have survived. David's £300,000 estate passes to Sarah under his will, then Sarah's combined £700,000 estate passes to her children from her first marriage. David's son receives nothing. Including a survivorship clause (requiring 28-30 day survival) would have split the estates between both families.
For inheritance tax, deaths are treated differently. For succession purposes, the younger person survived. However, under Section 4(2) of the Inheritance Tax Act 1984, deaths are treated as simultaneous for tax purposes. The older spouse's estate gets spousal exemption, while the younger spouse's estate is taxed separately, preventing double taxation.
Common Questions
"What happens to our jointly owned house if my partner and I die together?" The younger partner is deemed to have survived and inherited the house. It then passes according to their will or intestacy rules, meaning it could end up with their family rather than being split between both families.
"My wife and I have children from previous marriages. What happens if we die together?" The younger spouse is presumed to have survived, so both estates distribute according to that person's will. If your wife is younger, your children could receive nothing. This happened in Scarle v Scarle, where the older husband's daughter received nothing from the £300,000 estate.
"Does this rule affect inheritance tax?" For succession, the younger spouse survived. For inheritance tax (IHTA 1984 Section 4(2)), deaths are simultaneous. The older spouse's estate gets spousal exemption, preventing double taxation.
Common Misconceptions
Myth: If we die together, our estates will be split 50/50 between both families.
Reality: The younger person is deemed to have survived, so both estates distribute according to that person's will only. The older person's will becomes irrelevant. One family could inherit everything while the other receives nothing, as in Scarle v Scarle. The law creates a definite order based on age to enable property succession.
Myth: The rule applies whenever people die at exactly the same time.
Reality: The rule only applies when the order of deaths cannot be proven on the balance of probabilities. If medical evidence establishes who died first, even by minutes, that determines succession. In Scarle v Scarle, three pathologists could not agree on who died first, triggering the presumption. The legal test is uncertainty of order, not absolute simultaneity.
Related Terms
Understanding the commorientes rule connects to these related concepts:
- Survivorship Clause: Overrides the commorientes rule by requiring beneficiaries to survive for 28-30 days.
- Beneficiary: The rule determines which beneficiaries ultimately receive the estate.
- Simultaneous Death: The scenario that triggers the rule when order cannot be proven.
- Estate Distribution: The rule determines distribution order when multiple deaths occur.
- Mirror Wills: Vulnerable to unexpected outcomes under this rule in blended families.
Related Articles
- Estate Planning for Blended Families: Essential for understanding commorientes risk with children from previous relationships.
- Survivorship Clauses Explained: Learn how to override the commorientes rule for fair distribution.
- Joint Property Ownership: Understand how the rule affects jointly owned property.
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Legal Disclaimer: This glossary entry provides general information about UK legal terminology and does not constitute legal advice. The commorientes rule described here applies to England and Wales under Section 184 of the Law of Property Act 1925. Scotland has different rules, particularly for married couples and civil partners. For advice specific to your situation, consult a qualified solicitor. The inheritance tax treatment of simultaneous deaths is complex and depends on individual circumstances. For tax planning advice, consult a qualified tax advisor or estate planning solicitor.