Legal Definitions - presumption of survivorship

The presumption of survivorship is a legal rule used when two or more people die in the same event, and there is no clear evidence to determine who died first. In such situations, the law may presume that one individual survived the others based on factors that would make their survival more likely, such as their age, physical health, or other relevant circumstances.

This presumption is important because the order of death can significantly impact the distribution of estates, life insurance payouts, and other legal rights. Without clear evidence, this legal tool helps courts make a determination to resolve these matters.

• Example 1: Inheritance After a Car Accident

  A married couple, David (78 years old, with a history of heart issues) and Lisa (55 years old, in excellent health), are involved in a severe car accident. Both are pronounced deceased at the scene, and forensic experts cannot definitively determine who passed away first. David's will states that his estate goes to Lisa, but if Lisa predeceases him, then his estate goes to his niece. Lisa's will leaves her estate to David, and if David predeceases her, then her estate goes to her brother.

  How it illustrates the term: A court might apply the presumption of survivorship, concluding that Lisa, being significantly younger and in better health, likely survived David, even if only for a brief moment. If this presumption is applied, David's estate would legally pass to Lisa (even if only momentarily), and then from Lisa's estate to her brother, rather than David's estate going directly to his niece.

• Example 2: Life Insurance Payout After a House Fire

  A mother (40 years old, physically fit) and her young child (5 years old) tragically die in a house fire. Investigators determine the cause of death for both was smoke inhalation, but there is no evidence to establish the precise order in which they died. The mother had a life insurance policy naming her child as the primary beneficiary and her sister as the contingent (secondary) beneficiary.

  How it illustrates the term: Given the mother's age and physical capabilities compared to the child's vulnerability, a court might presume the mother survived the child. If this presumption is applied, the child would not be considered to have survived the mother to inherit the life insurance proceeds. Instead, the payout would likely go to the contingent beneficiary, the mother's sister.