Global Survivorship
Understanding Global Survivorship Clauses & The Commorientes Rule: A Modern Guide 📋
Estate planning can present some challenging scenarios, particularly when it comes to determining what happens if two people die in circumstances where it's unclear who died first. Here, we're exploring two crucial legal concepts that address this situation: global survivorship clauses and the commorientes rule. ⚖️
The Commorientes Rule: The Legal Foundation 📚
Under Section 184 of the Law of Property Act 1925, the UK has a clear approach to handling simultaneous deaths. Known as the commorientes rule, it states that when two or more people die in circumstances where the order of death cannot be determined:
Deaths are presumed to occur in order of age
The older person is deemed to have died first
The younger person is presumed to have survived
Understanding Global Survivorship Clauses 🔍
A global survivorship clause is an essential provision in your Will that establishes rules about beneficiary survival. Typically, it requires beneficiaries to survive the testator by a specified period (usually 28 days in the UK) to inherit. However, some Wills include a crucial exception for partners.
Let's examine how these rules work in practice:
Example 1: The Standard Scenario 👥 Meet Sarah (45) and James (42):
Married couple involved in an accident where timing of deaths is unclear
No special survivorship exception in their Wills
Commorientes rule applies
Sarah (being older) is presumed to have died first
James is presumed to have survived her
Result: Sarah's assets pass through James's estate
Potential consequence: Sarah's children from a previous marriage might be unintentionally disinherited
Example 2: The Protected Partnership ✨ Consider Alex (35) and Jordan (38):
Married with a partner exception clause in their Wills
Similar accident scenario
Their Wills specify: "Except my partner in circumstances where it's unknown whether they survived me"
Result: Commorientes rule is overridden
Both estates can pass according to their intended wishes
Beneficiaries on both sides are protected
Example 3: The Blended Family Consideration 👨👩👧👦 Pat (52) and Sam (48):
Both have children from previous relationships
Caught in a natural disaster
No survivorship exception clause
Pat (being older) is presumed to die first
Sam inherits Pat's estate
Consequence: Pat's children might be unintentionally excluded
Key Considerations for Your Will ✅
When planning your estate, consider:
Partner Exceptions
Whether to include a partner exception to override the commorientes rule
The implications for blended families
Protection of the intended beneficiaries
Survival Periods
The appropriate survival period for your situation
Impact on immediate vs. long-term estate distribution
Tax implications
Family Dynamics
Protection of children from previous relationships
Fair distribution among all intended beneficiaries
Prevention of potential disputes
Important Legal Notes: ⚠️ The commorientes rule only applies when:
The order of deaths cannot be determined
No specific Will provision states otherwise
No court order exists to the contrary
Making Your Will Work for You 🎯
Modern estate planning requires careful consideration of these rules and their implications. While the legal framework might seem complex, understanding these provisions helps ensure your assets are distributed according to your wishes, protecting those you care about most.
Looking to discuss how these rules might affect your estate planning? AWAY Wills is here to help create a Will that protects your legacy and your loved ones. 💫
