If both joint tenants died at the same time and there is no proof of who died first, how is this treated in WA? My understanding is that theiy will be treated as tenants in common under WA law regardless of what they had written in their wills. Is this correct? Does that mean there is no way to get around this in the will? For example, could you put a clause stating, “... it is to be construed as if “Mary” died first?”..