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?”..
WA Simultaneous death no proof of who died first
- Thread starter Tarnee90
- Start date
Best to speak with a lawyer in WA who deals with wills.
There is a simultaneous death Act in WA. Something along the lines of eldest is deemed to die first is in there but I don't know how it affects wills - may not be straight forward as there appear to be some Will modifying sections. Also I don't know if there's another act (like the Administration and Probate Act in Vic) that may also influence how 2 wills are to be interpreted.
There is a simultaneous death Act in WA. Something along the lines of eldest is deemed to die first is in there but I don't know how it affects wills - may not be straight forward as there appear to be some Will modifying sections. Also I don't know if there's another act (like the Administration and Probate Act in Vic) that may also influence how 2 wills are to be interpreted.
Hi Tarnee
Yes, you are correct - tenants in common in equal shares.
See section 120 of the Property Law Act 1969 (WA).
Regards
Val
Yes, you are correct - tenants in common in equal shares.
See section 120 of the Property Law Act 1969 (WA).
Regards
Val
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