Understanding New Brunswick's Survivorship Act

The Role of the Survivorship Act

The Survivorship Act in New Brunswick plays a crucial role in clarifying the distribution of estates when two or more individuals pass away concurrently or within a brief period. This legislation ensures that estate management and inheritance processes are handled fairly and transparently - minimizing potential disputes and complications - while honoring of the deceased's wishes and making estate management smoother for families and heirs.

If People Die at the Same Time

In cases where individuals die simultaneously, the law treats it as though each person survived the other for legal purposes. This affects the distribution of their property and belongings, ensuring that each person's estate is managed as intended.

If People Die Within Ten Days of Each Other

The Act also addresses situations where individuals pass away within ten days of each other, treating these deaths as simultaneous for inheritance purposes. This provision helps determine estate distribution more equitably and avoids disputes over minor temporal differences in the time of death.

Uncertainty of Survival

When it is unclear who died first, the law assumes both parties died simultaneously. This helps streamline estate settlements, preventing lengthy investigations and potential conflicts over asset allocation.

Impact on Joint and Marital Property

For individuals who jointly own property or are married, the Act presumes they held their property equally unless specified otherwise. This ensures a balanced allocation of assets and respects the decedents' joint ownership intentions.

Application in Special Cases

For insurance payouts and deaths that occurred before June 1, 1993, the laws in place at that time govern the distribution. This provision highlights how regulations evolve to better serve public needs while respecting historical context.

Practical Examples

Consider the tragic, simultaneous death of spouses in a car accident. Without the Survivorship Act, determining the distribution of their joint assets could be complex and contentious. Similarly, if two siblings co-inherit property and die within ten days of each other, the Act simplifies it by treating their deaths as simultaneous, preventing disputes over inheritance. In cases where business partners die without clear evidence of who passed first, the Act resolves potential conflicts by presuming simultaneous demise, facilitating a smoother estate settlement. 

Consideration of Wills and Agreements

If a will or any agreement explicitly states what should occur if one party dies before or simultaneously with another, the Act respects these wishes, provided they align with the law. This reinforces the importance of clear estate planning documents.

We're Here for You

If you or a loved one are grappling with estate distribution following a mutual or near-simultaneous passing, we're here to help. Let us guide you! Don't wait for uncertainty- call our office for assistance today, and we will ensure your estate needs are handled thoroughly and thoughtfully.