The following example demonstrates the inequities this situation can create. In the event Wife does not survive Husband, Husband leaves his property to his two brothers. In the event Husband does not survive Wife, Wife leaves her property to her sister. Husband and Wife are in a car accident. Husband dies on impact.
Wife dies four days later.
Because Wife survived Husband, she inherits everything under his will. Upon her death, her sister inherits everything. Husband's two brothers inherit nothing. The result would be the same if Husband and Wife had died without wills, assuming their brothers and sister were their respective heirs under the laws of Intestate Succession . If Husband and Wife had died simultaneously, each of their estates would have been probated as if each survived the other.