Civil Law (Miscellaneous Provisions) Act 2008

Amendment of section 5 of Succession Act 1965.

68.— Section 5 of the Succession Act 1965 is amended—

(a) by designating the section as subsection (1), and

(b) by inserting the following after subsection (1):

“(2) Where immediately prior to the death of two or more persons they held any property as joint tenants and they died, or under subsection (1) were deemed to have died, simultaneously, they shall be deemed to have held the property immediately prior to their deaths as tenants in common in equal shares.

(3) Property deemed under subsection (2) to have been held by persons as tenants in common shall form part of their respective estates.”.