The rule for deciding order of death where two people die together.
In Islamic law
Classical fiqh addresses the same scenario: where the order cannot be established, the deceased generally do not inherit from one another, and each estate passes to their surviving heirs.
In Canadian law
Provincial legislation generally presumes the elder died first, or deems each to have survived the other for their own estate. It matters where spouses die in the same accident.
We have not yet researched whether the four Sunni schools differ on this term, so we are not going to tell you either way. Where a specific case turns on it, ask a qualified scholar rather than relying on a general summary.
Canadian legal detail
Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:
This is legal information only. For advice on your own circumstances, speak to a lawyer.
Citations & sources
Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- First steps after death ontario estate — Treadstone Law
- Spousal support order binding on estate after death ontario — Treadstone Law
- Wills & estates practice — Treadstone Law