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CHAPTER 454

OF THE

REVISED STATUTES, 1989


NOTE - This electronic version of this statute is provided by the Office of the Legislative Counsel for your convenience and personal use only and may not be copied for the purpose of resale in this or any other form. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult official sources.

An Act Respecting
Survivorship in Common Disasters

Short title

1 This Act may be cited as the Survivorship Act. R.S., c. 454, s. 1.

Uniform Act

2 This Act shall be so interpreted and construed as to effect its general purpose of making uniform the law of those provinces which enact it. R.S., c. 454, s. 2.

Presumed order of death

3 (1) Where two or more persons die at the same time or in circumstances rendering it uncertain which of them survived the other or others, such deaths are, subject to subsections (2) and (3), for all purposes affecting the title of property, presumed to have occurred in the order of seniority, and accordingly the younger is deemed to have survived the older.

Exceptions

(2) This Act shall be read and construed subject to Sections 93 and 218 of the Insurance Act, and Section 31 of the Wills Act.

Simultaneous death of testator and beneficiary

(3) Where

(a) a testator and a person who, if that person had survived the testator, would have been a beneficiary of property under the will, die at the same time or in circumstances rendering it uncertain which of them survived the other; and

(b) the will contains provisions for the disposition of the property in case that person had not survived the testator or died at the same time as the testator or in circumstances rendering it uncertain which survived the other,

then for the purpose of that disposition the will takes effect as if that person had not survived the testator or died at the same time as the testator or in circumstances rendering it uncertain which survived the testator or died at the same time as the testator or in circumstances rendering it uncertain which survived the other, as the case may be. R.S., c. 454, s. 3.

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