What rights does an heir have when two or more people die, and it is not determined which of them died first?
If one of the heirs is a "definite" or "certain" heir and the other is a "doubtful heir" , then the rights of the former will prevail. That is to say if a number of people die, and the order in which they died is unknown, then the heirs rights will be determined by their proximity to the deceased persons i.e. the closest first.
Who is a "definite heir" and who is a "doubtful heir"?
A "definite heir" is someone who is bound to be an heir, no matter which of two or more people died first. A "doubtful heir" is someone who will only inherit if one of two or more people who died was the first of them to pass away.
What happens when both of the heirs are "doubtful heirs"?
Who will inherit when the heirs according to law are all of the same rank?
Where all the heirs are of the same ran, then the estate will be divided according to the rules for the division of inheritance according to law.
What happens when two people die, and there is absolutely no doubt about who died first?
Where the order of deaths is known from documentation ( a death certificate or declaration of death ), there is no need to check the instructions in the Inheritance Law of 1965 concerning two who die together.
What happens if two people die together for example, in a plane crash, or other disaster?
Where two or more people die in an accident or disaster, and it cannot be established who died first, then the instructions concerning two people who died together in the Inheritance Law of 1965 will be applied.
What happens if there are two doubtful heirs, and one of them is an adopted child?
Where there is doubt about the identity of two heirs, and one of them is an adopted child, then he will be preferred over someone unrelated to the deceased, as he is a relative.
What happens where there are two doubtful heirs and one of them is the deceased's cohabitee?
The deceased's cohabitee will have preference over the stranger, as he/she will be regarded as being the deceased's spouse.
Can a testator make special provisions that digress from those of the Inheritance Law of 1965 should two or more beneficiaries die together?
Yes, a testator is free to make his/her own provisions on this, that will override what is set down under the act.
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