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RSNL1990 CHAPTER S-33

SURVIVORSHIP ACT

Amended:

CHAPTER S-33

AN ACT RESPECTING SURVIVORSHIP

Analysis



Short title

        1. This Act may be cited as the Survivorship Act.

RSN1970 c366 s1

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Rule as to order of deaths

        2. (1) Where 2 or more persons die at the same time or in circumstances making it uncertain which of them survived the other, the deaths are presumed to have occurred in the order of seniority and accordingly the younger is considered to have survived the older.

             (2)  Notwithstanding subsection (1), where a statute or an instrument contains a provision for the disposition of property operative where a person designated in the statute or instrument

             (a)  dies before another person;

             (b)  dies at the same time as another person; or

             (c)  dies in circumstances making it uncertain which of them survived the other,

and the designated person dies at the same time as the other person or in circumstances making it uncertain which of them survived the other, then, for the purpose of that disposition, the case for which the statute or instrument provides is considered to have occurred.

             (3)  Notwithstanding subsection (1), where a will contains a provision for a substitute personal representative operative where an executor designated in the will

             (a)  dies before the testator;

             (b)  dies at the same time as the testator; or

             (c)  dies in circumstances making it uncertain which of them survived the other,

and the designated executor dies at the same time as the testator or in circumstances making it uncertain which of them survived the other, then, for the purpose of probate, the case for which the will provides is considered to have occurred.

RSN1970 c366 s2

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Subject to certain other Acts

        3. This Act is subject to section 47 of the Life Insurance Act and section 31 of the Accident and Sickness Insurance Act.

1971 No5 s2; 1971 No14 s2