Peer-Reviewed Journal Details
Mandatory Fields
Mee, J.;
Northern Ireland Legal Quarterly
Commorientes, Joint Tenancies and the Law of Succession
Optional Fields
This paper examines the impact of commorientes (the situation where two or more people die in circumstances where the order of death is unclear) on the law of succession and on joint tenancies. As well as considering the law of the Republic of Ireland and Northern Ireland, it also looks at the English position (examining e.g. the leading case of Hickman v Peacy [1945] AC 304)) and considers the approach in jurisdictions such as Australia, Canada, New Zealand and Scotland in relation to the burden of proof under legislative provisions dealing with commorientes. It discusses the issues surrounding law reform in this area, including reference to 'second generation' reforms (exemplified by the US Uniform Simultaneous Death Act 1991). In relation to the impact at common law of simultaneous death on joint tenancies, it offers a reading of the leading case of Bradshaw v Toulmin (1784) Dick. 633.
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