Survivorship Flashcards
1
Q
Survivorship
A
How to determine the distribution of estates when beneficiaries of estates die simultaneously (ex: accident)
2
Q
Pronouncing someone simultaneously dead is…
A
A question of fact that can be rebutted by medical evidence
3
Q
Different provinces
A
Treat differently
4
Q
In NS
A
If two people are beneficiaries die in simultaneous accident the oldest is presumed to have died first
5
Q
In NB/ ONT
A
- assume that for the purposes of distribution of assets when it comes to the wills or estates of people who die at the same time we operate on the fiction that each survived the other- avoids lapse (triggered when someone pre-deceases)
- They are both deemed to have predeceased each other
6
Q
Joint tenancy and simultaneous death
A
Severs JT- each gets TC and retains their share
7
Q
IMPORTANT-ANTI LAPSE DOES NOT APPLY TO ____ ONLY____
A
Intestacy only wills
8
Q
Always ask
A
o Step 1: any evidence to rebut?
o Step 2: apply the presumption
–Means the person whos estate you are dealing with they live the longest—if you can remember that then its just dealing with lapse
