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Thursday, July 24, 2014
Saskatchewan Justice

The basic principle established in The Survivorship Act, 1993 is that where two or more people die at the same time, each is deemed to have survived the other or others. This means that the property of each person will be dealt with separately from the property of the other or others and will pass to whoever would receive it under the  terms of the will or whoever would be entitled to the property if there is no will.

The Act also provides that when two or more persons die in circumstances where it is uncertain which survived the other or others, or when two or more persons die within a five-day period, they are deemed to have died at the same time. If these persons held title to property jointly, they are deemed to have held the title in equal shares unless a written agreement between the parties indicates a contrary intention.

However, in the case of a life insurance policy, when the insured person and a beneficiary die at the same time or in circumstances where it is uncertain which survived the other, the insurance money is payable to the surviving beneficiary or beneficiaries in equal shares or to the insured's estate as if the beneficiary had predeceased the person insured.



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