Simultaneous Deaths Act 1958

1: Short Title
This Act may be cited as the Simultaneous Deaths Act 1958.
2: Interpretation
In this Act, unless the context otherwise requires, the term property
3: Devolution of property in cases of simultaneous deaths
1: In any case where, after the commencement of this Act, 2 or more persons have died at the same time or in circumstances which give rise to reasonable doubt as to which of them survived the other or others—
a: the property of each person so dying shall devolve, and if he left a will it shall take effect unless a contrary intention is shown thereby, as if he had survived the other person or persons so dying and had died immediately afterwards:
b: every donatio mortis causa
c: if the life of any of the persons so dying is insured under any policy of life or accident insurance, and any other person or persons so dying would be entitled (otherwise than under any will or on the intestacy of any person) to the proceeds of the policy or any part thereof if he or they survived the person insured, the said proceeds shall, unless a contrary intention is shown by the instrument governing the distribution of the proceeds, be distributed as if the person insured had survived every other person so dying and died immediately afterwards:
d: any property owned jointly and exclusively by 2 or more of the persons so dying shall devolve as if it were owned by them when they died as tenants in common in equal shares:
e: if any of 2 or more possible beneficiaries under a will or trust or other disposition have died as described, and would be given property under the will or trust or other disposition if any of them could be shown to have survived the other or others, the following provisions apply:
i: the will or trust or disposition takes effect as if the property were given to those possible beneficiaries as tenants in common in equal shares; and
ii: the property passes accordingly; and
iii: subparagraphs (i) and (ii)
iv: subparagraphs (i) and (ii) paragraph (c) or (f)
f: if any of 2 or more persons who have died as described could have exercised a power of appointment over property if any of them could be shown to have survived the other or others, the following provisions apply:
i: the power may be exercised as if an equal share of the property had been set apart for appointment by each of the persons; and
ii: the power may be exercised as if each of the persons had the power of appointment over the share of the property set apart for him or her; and
iii: the share passes in default of appointment by him or her in the manner in which the property would have passed in default of appointment by him or her if he or she had been the survivor of the persons; and
iv: subparagraphs (i) to (iii)
v: subparagraphs (i) to (iii) paragraph (c)
g: if property is given or appointed by a will or other testamentary instrument to the survivor of 2 or more of the testator's children or issue, and all or the last survivors of the children or issue are persons who have died as described, section 23 section 16
i: have died as described; and
ii: have a child or children living at the testator's death:
h: if the persons who have died as described include a testator and 1 or more of the testator's issue, the following provisions apply for the purposes of section 33 of the Wills Act 1837
i: the testator is treated as having survived, but died immediately after, all the testator's issue who have died as described; and
ii: a gift by the testator to any of the testator's issue who has died as described or has already died in the testator's life time ( donee section 33
iii: subparagraphs (i) and (ii)
i: for all other purposes affecting the title to property or the appointment of trustees, the deaths of the persons so dying shall be presumed to have occurred in order of seniority, and accordingly the younger shall be deemed to have survived the elder.
2: Nothing in this section shall affect section 9 Section 3(1)(e) replaced 1 November 2007 section 41 Wills Act 2007 Section 3(1)(f) replaced 1 November 2007 section 41 Wills Act 2007 Section 3(1)(g) replaced 1 November 2007 section 41 Wills Act 2007 Section 3(1)(h) replaced 1 November 2007 section 41 Wills Act 2007 Section 3(2) amended 1 April 1965 section 27(1) Joint Family Homes Act 1964
4: Application of Act
1: This Act shall apply in respect of—
a: all property of any person that devolves according to the law of New Zealand:
b: all appointments of trustees where the appointments have to be made according to the law of New Zealand.
2: This Act shall so apply whether the deaths occurred in New Zealand or elsewhere.
5: Repeal
Amendments incorporated in the Act(s)