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Commorientes

The rule for deciding order of death where two people die together.

Draft — pending review. This page has been prepared but has not yet been reviewed by a Canadian estates lawyer or a qualified scholar. Treat it as a starting point for questions, not as advice you should act on.

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.

Across the madhahib

No significant difference between the four Sunni schools is recorded on this point in the sources reviewed. 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:

Important

This entry is general information, not legal or religious advice. Inheritance turns on the exact family circumstances. Confirm Canadian law with a lawyer in your province, and any religious ruling with a qualified scholar.