What happens if two beneficiaries die together?

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  • When it can’t be decided who died first, the law presumes people to die in order of seniority (ie. eldest first). This may mean that the assets of the elder pass to the younger and then to the beneficiaries of the younger.
  • If two people own an asset as joint tenants (the other form of joint ownership is called ‘tenants in common’) then a rule known as ‘survivorship’ applies. This rule means that when one dies, it automatically passes to the other, regardless of what the first persons will said. If they both die together, it passes to the younger and then to the younger’s beneficiaries.

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