Part 1 — Survivorship
5 Survivorship rules
circumstances rendering it uncertain which of them survived the
other or others, all rights and interests of each of the individuals
with respect to property must be determined as if that individual
had predeceased the other or others unless
(a) the Court, in interpreting a will or other instrument, fin ds a
contrary intention,
(b) section 685 or 737 of the Insurance Act applies, or
(c) a provision of an Act pr ovides for a different result.
(2) If, during life, 2 or more individuals held property jointly with
each other with a right of survivorship and all the joint owners die
at the same time or in circumstances rendering it uncertain which
of them survived the other or others, then unless the Court in
interpreting a will or other instrument finds a contrary intention, the
individuals are deemed to have held the property as tenants in
common with each other.
2010 cW-12.2 s5;2011 c20 s13;2014 c13 s13