10 Five-day Survival Rule

10 (1) A person who does not survive a deceased person by 5 days, or a longer period provided in an instrument, is conclusively deemed to have died before the deceased person for all purposes affecting the estate of the deceased person or property of which the deceased person was competent to give by will to another.

• (2) If 2 or more persons hold property as joint tenants, or hold a joint account, and

• (a) in the case of 2 persons, it cannot be established that one of them survived the other by 5 days,
  • (i) one half of the property passes as if one person survived the other person by 5 days, and
  • (ii) one half of the property passes as if the other person referred to in subparagraph (i) had survived the first person referred to in subparagraph (i) by 5 days, and
• (b) in the case of more than 2 persons, it cannot be established that at least one of them survived the others by 5 days, the property must be divided into as many equal shares as there are joint tenants or persons holding the joint account, and the shares must be distributed respectively to those persons who would have been entitled to a share in the event that each of the persons had survived.

• (3) This section does not apply to the appointment of a personal representative in a will.
• (4) Nothing in this section affects the law of resulting trusts.

2009-13-10, effective March 31, 2014 (B.C. Reg. 148/2013).