What happens if my spouse and me passed away simultaneously? eg. a plane crash scenario, where it was not known who died first.
In the event of simultaneous death, the older is deemed to have died first. The following examples may illustrate the various scenario (not exhaustive) and effects.
Example 1: Where you and your spouse have made identical Wills and give the whole of the Estate to the other
If you are the older spouse, it is deemed that you died first, and therefore your estate will go to your spouse’s estate under your Will and will be distributed under your spouse’s Will.
Example 2: Where I have made a Will and my spouse has not made a Will, and I have given my estate or part of which to my spouse?
If you are the older spouse, it is deemed that you died first, and therefore the share in which your spouse will take under your Will will go to his/her estate. As your spouse did not make a Will, his/her estate will be distributed in accordance with the Intestate Succession Act and not according to his/her wishes had a Will being made.