Simultaneous Death: How are Assets Distributed When Family Members Die at the Same Time?

There is a difficult question of determining, for the purposes of distribution of assets, who will be entitled to property when family members die:
- At the same time; or
- In circumstances where it is impossible to tell who died first.
This situation is known as simultaneous death. For example, a family could be travelling together in a car or plane when they get into a horrific accident and pass away. How are the assets of each family member distributed then?
Legal Presumption: Whoever is Older Died First
If there is evidence to prove who had actually died first, then the assets of the person who died first will be distributed first, before the assets of the person who died later.
However, if circumstances are such that it is impossible to determine who died first, then the law states that the younger person will be deemed to have survived the elder.
In other words, whoever who is older will be deemed to have died first.
Here are 4 scenarios to illustrate how this legal presumption will apply, depending on whether the parties had made a will. Assume that:
- The parties who died are husband and wife (let’s call them “Husband” and “Wife” respectively)
- Husband is older than Wife
- Both parties died in the same car accident
- We can’t tell who died first
Scenario 1: Husband and Wife Both Die Without a Will
As Wife is younger than Husband, Husband will be deemed to have died first. Hence, we distribute his assets first.
In this scenario, Husband has not made a will. Therefore, his assets will be distributed according to the rules in the Intestate Succession Act. Under these rules, Wife will get a share of Husband’s assets.
However, as Wife has also passed away, her share of Husband’s assets will become part of her estate (i.e. the assets she has at the point of her death). Note that Wife’s estate has become larger as it now includes a share of Husband’s assets. This would not have happened if Wife is deemed to have died first instead.
And as she also died without a will, her total assets (including her share of Husband’s assets) will also be distributed according to the rules in the Intestate Succession Act.
Scenario 2: Husband Made a Will Containing a Survivorship Clause, But Not Wife
If you have made a will, you will be able to choose who will be entitled to your assets after your death (and in what portion).
However, your will’s “default position” will be that any person still alive (or deemed to be so) after your death will be considered as having survived you. This is even if that person then dies a short while later such that if you had known this would happen, you would have wanted your assets to go to someone else who can enjoy them more fully.
In this situation, you may include a survivorship clause in your will. This clause will state how long a person must have survived after your death to be considered as having “survived” you. It will be beneficial to have such a clause where you would prefer another person to receive your assets in the event that the person who is your “first choice” dies shortly after you.
To demonstrate how such a survivorship clause could work, let’s assume that Husband has made a will containing a survivorship clause stating (for example):
“All my assets will vest in my spouse if he/she survives me by at least 28 days. If my spouse and I shall die under such circumstances that the order of our deaths cannot be readily ascertained, my spouse shall be deemed to have predeceased me. If my spouse does not survive me by at least 28 days, all my assets are to be distributed to my children.”
Now, if Husband and Wife are both found dead at the accident scene and it is impossible to tell who died first, this survivorship clause will override the legal presumption that the older person died first. Wife will therefore be regarded as having died first.
Since Wife is regarded to have died first, we distribute her assets first. Her assets will be distributed according to the rules in the Intestate Succession Act since she did not make a will. Under these rules, a portion of Wife’s assets will pass to Husband.
However, as Husband has also passed away, his share of Wife’s assets will become part of his estate.
After we have finished distributing Wife’s assets, we move on to distribute Husband’s assets according to his will’s instructions. Note that Husband’s estate has become larger as it now includes a share of Wife’s assets. This would not have happened if Husband is deemed to have died first instead.
Since Wife is deemed to have died first (and did not survive Husband by at least 28 days), then following the survivorship clause in Husband’s will, all of Husband’s assets will be distributed to the couple’s children.
Scenario 3: Wife Made a Will Containing a Survivorship Clause, But Not Husband
Assume that Wife’s will contained the same survivorship clause from above, where in the event of simultaneous death Husband is to be deemed to have died first.
In this case, applying either the legal presumption (that whoever is older died first) or the survivorship clause will lead to the same result. In other words, Husband will be deemed to have died before Wife and so we distribute his assets first.
As Husband has not made a will, his assets will be distributed according to the rules in the Intestate Succession Act. Under the rules, Wife will therefore get a share of his assets.
However, as Wife has also passed away, her share of Husband’s assets will become part of her estate.
After we have finished distributing Husband’s assets, we move on to distribute Wife’s assets according to her will’s instructions. Note that Wife’s estate has become larger as it now includes a share of Husband’s assets.
Since Husband is deemed to have died first (and did not survive Wife by at least 28 days), then following the survivorship clause in Wife’s will, all of Wife’s assets will be distributed to the couple’s children.
Scenario 4: Husband and Wife Both Made Wills Containing a Survivorship Clause
Assume that both spouses’ wills contained the same survivorship clause from above, where each clause states that the other spouse is to be deemed to have died before them in the event of simultaneous death.
Who should then be regarded as having died first? In this case, who died first (and accordingly, whose assets we distribute first) might not matter so much.
Both spouses’ wills deem the other spouse as having died first. Accordingly, any assets they have left to each other will not successfully pass to them (because they did not survive each other by at least 28 days), but will pass to their children instead following the wills’ survivorship clauses.
The distribution of the spouses’ assets according to their wills can therefore proceed in either order.
—
As unforeseeable and as unlikely simultaneous death may sound, the risk of such a tragedy happening should not be ignored.
It may be morbid to plan how your assets should be distributed after your death. However, a well-drafted will (especially if it contains a survivorship clause) will be extremely helpful in preventing conflict among your surviving family members when you pass away.
If you would like to make a will but are unsure of how to do so, feel free to get in touch with one of our wills lawyers.
- Plan Intergenerational Wealth With a Singapore Family Office
- 8 Tools You Must Know for Estate Planning in Singapore
- Guide to CPF Nominations & How to Make One In Singapore
- What Happens to Your Debts When You Die?
- Who Pays for the Mortgage Debts and Medical Bills After Death?
- Is Inheritance Tax Payable When You Die in Singapore?
- Is Stamp Duty Payable When Inheriting Property in Singapore?
- How to Donate your Assets to Charity
- Organ Donation in Singapore (under HOTA, or For Science)
- Finding Missing Persons in Singapore (or ‘Presumed Dead’)
- Making a Will in Singapore: What are the Formalities Involved?
- The Complete Guide to Making Your Will in Singapore
- Why Should You Make a Will?
- Checklist for Drafting a Comprehensive Will in Singapore
- Get An Affordable Will Made By Experienced Lawyers
- Choosing an Executor for Your Will in Singapore
- How to Prepare a Schedule of Assets for Your Will in Singapore
- Appointing a Guardian for Your Children in Your Will in Singapore
- What is a Mutual Will, Mirror Will and Joint Will?
- How to Give Away Overseas Assets in a Will in Singapore
- Can I Use My Will to Distribute Insurance Proceeds?
- Where Should You Store Your Will?
- How Can I Change My Will?
- How to Plan for Mental Incapacitation
- Mental Capacity Assessment for LPAs and Wills
- Appointment of Deputies under the Mental Capacity Act
- How to Appoint a Deputy for Mentally Incapacitated Persons in Singapore
- Advance Medical Directives in Singapore
- Making a Lasting Power of Attorney in Singapore
- Revocation of a Lasting Power of Attorney
- Advance Care Planning in Singapore: Why and How to Get Started
- No Executor For Your Loved One's Will: What to Do
- What is Probate? Is It Needed If Your Loved One Passes Away?
- Can the Public Trustee Administer Your Loved One's Estate?
- How to Get a Copy of a Deceased's Will in Singapore
- Managing a Loved One's Estate After Their Death in Singapore
- Applying for a Grant of Probate in Singapore
- Intestacy: Applying for Letters of Administration in Singapore
- Obtaining a Fresh Grant of Probate and Resealing a Foreign Grant of Probate
- Comprehensive Guide to Probate Fees in Singapore
- Dispute with Executor of Will in Singapore: What to Do
- Bona Vacantia: Dying With No Will or Relatives in Singapore
- Who Gets the Joint Bank Account Monies if One Owner Dies?
- What Happens If You Die Without a Will in Singapore?
- An Executor’s Checklist to Executing a Will in Singapore
- What to Do If the Will Cannot be Found
- How to Contest a Will in Singapore (Grounds and Procedure)
- What Happens to the HDB Flat When One Owner Dies?
- How to Access the Bank Account of a Deceased Spouse
- What Happens to the Car When the Owner Passes Away?
- Simultaneous Death: How are Assets Distributed When Family Members Die at the Same Time?
- Can a half-brother be considered a next of kin? (when distributing the assets of the deceased)
- What happens to property when a deceased’s next-of-kin or named personal representative is uncontactable?
- What happens to residuary property not accounted for?
- What happens to a Singapore expatriate's assets when he passes on?
- What If a Beneficiary Dies Before Receiving His Inheritance?
- How Can Your Minor Beneficiaries Receive Their Inheritance?
- Unfair Maintenance: What Can Singapore's Law Do for You?