Mariah Carey’s Mother And Sister Die On The Same Day: Who Will Receive Their Inheritance First?

The Grammy award winning singer, Mariah Carey, has announced the tragic loss of both her mother and sister. Where there are insufficient details known at this time to determine what the position of the two estates will be, these circumstances bring light to the concepts of ‘survivorship’ and commorientes.

The rule of survivorship

The rule of survivorship states that a beneficiary must survive for a stated period of time in order to obtain a vested interest in the deceased’s estate. The standard for this is 30 days.

Commorientes refers to the legal presumption that determines the order of death when two or more people die under circumstances where it is impossible to ascertain who died first. This situation often arises in tragic accidents, and it is not possible to definitively establish the sequence of deaths. In the case of Mariah’s family, these circumstances where the deaths are almost simultaneous but unrelated is extremely rare.

The importance of determining the order of death lies in its impact on inheritance. If one person is deemed to have died before another, the estate of the first person could potentially pass to the second person, and subsequently, to the second person’s heirs. If the order of death cannot be determined, the principle of commorientes comes into play. The application of commorientes will obviously depend on the jurisdiction.

Commorientes rule

In many legal systems, there is a statutory presumption that both individuals died at the same time if the sequence of deaths cannot be determined. This presumption means that neither person can inherit from the other, and their estates are distributed as if they had predeceased each other. However, in some jurisdictions the younger person is presumed to have survived the older one, thus inheriting the estate.

For those involved in estate planning, understanding commorientes is crucial. It emphasises the importance of clear and comprehensive estate planning, including the drafting of Wills that account for the possibility of simultaneous death. By including survivorship clauses individuals can help ensure their assets are distributed according to their wishes, even in tragic and unexpected circumstances.

Legal professionals can provide invaluable guidance in navigating these complex issues, helping to protect the interests of their clients and their loved ones. If you would like to seek professional and legal advice on Will drafting and estate planning, call us now on 0330 822 3451 or request a call back at a time that is convenient for you.