Which Will Is Valid.

[25Irene25]

Hi 
If two people make a will leaving everything to each other and they both die together with no proof of who died first.How is it decided which will would takes precedence over the other.

[jackthehat]

The older party is presumed to have died first.

If my parents had both died in the same car crash, my mum would have been assumed to have died first (being the older) and her will would have been enacted first.

[25Irene25]

Thanks Jackthehat
It's just age then even with twins one will always be older than the other!

[jackthehat]

I suppose it's true in that case, too.

Hadn't thought of twins, I'd assumed a (married) couple.

[Buenchico]

https://www.legislation.gov.uk/ukpga/Geo5/15-16/20/section/184

[Barmaid]

Most Wills have a clause in them these days to say that the survivor only inherits if they survive by 28 days.

[barry1010]

That's why twins, triplets etc have the time of birth recorded on their birth certificates, no arguments about who is the oldest

[25Irene25]

Thanks everyone for the info I wasn't aware of the 28days clause. Hopefully this situation doesn't happen often but what a problem if it does.