The common law provision that, without evidence, there can be no presumption as to which of the commorientes died first, was superseded by the passage of the Law of Property Act 1925, Section 184. Under this statute, where the order of death of two persons is uncertain, the elder of the two is deemed to have died first. This can cause difficulties where for example the elder person had children prior to marriage. The rules can be ousted if inappropriate by an explicit provision in a will.