Land Title Practice Manual

6 General Presumption—disposition Of Property On Simultaneous Deaths

In This Volume

6 If

(a)
an instrument provides for the disposition of property in the event that a person named in the instrument
- (i) dies before another person,
- (ii) dies at the same time as another person, or
- (iii) dies in circumstances that make it uncertain which of them survived the other, and
(b) the named person dies at the same time as the other person or in circumstances that make it uncertain which of them survived the other,

for the purpose of that disposition, the event for which the instrument provides is conclusively deemed to have occurred.

2009-13-6, effective March 31, 2014 (B.C. Reg. 148/2013).

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See also ss. 7 to 9 of the Wills, Estates and Succession Act for additional provisions with respect to survivorship.