Survivorship Act
Consolidated act- Citation
- R.S.N.W.T. 1988, c.S-16
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- None.
Presumption
1.(1) Subject to subsections (2) and (3), if two or more persons die at the same time or in circumstances making it uncertain which of them survived the other or others, the deaths are presumed to have occurred in order of seniority and the younger shall be deemed to have survived the older.
(2) Where an Act or instrument contains a provision for the disposition of property that operates if a person designated in the Act or instrument
(a) dies before another person,
(b) dies at the same time as another person, or
(c) dies in circumstances making it uncertain which of them survived the other,
for the purpose of that disposition, the case for which the Act or instrument provides shall be deemed to have occurred if the designated person dies at the same time as the other person or in circumstances making it uncertain which of them survived the other.
(3) Where a will contains a provision for a substitute personal representative that operates if an executor designated in the will
(a) dies before the testator,
(b) dies at the same time as the testator, or
(c) dies in circumstances making it uncertain which of them survived the other,
for the purpose of probate, the case for which the will provides shall be deemed to have occurred if the executor dies at the same time as the testator or in circumstances making it uncertain which of them survived the other.
Insurance Act
2.This Act does not affect sections 114 and 196 of the Insurance Act.
Territorial Printer, Northwest Territories Yellowknife, N.W.T./1997©