216Devolution of property in cases where order of death uncertain

216 Devolution of property in cases where order of death uncertain (1) This section applies subject to the appearance of a contrary intention in a will, trust, settlement, disposition, appointment or any other instrument. (2) If 2 or more persons die or are presumed dead or 1 or more persons die and one or more persons are presumed dead in circumstances which give rise to reasonable doubts as to which of those persons survived the other or others of them: (a) subject to this section – the property of each of those persons is to devolve as if he or she had survived the other or others of them and had died immediately afterwards; (b) a donatio mortis causa made by any of those persons to another of those persons is void and of no effect; (c) in any case where any of those persons life is insured under a policy of life or accident insurance and another or others of them would, on surviving the insured person, be entitled (other than under a will or on the intestacy of a person) to the proceeds or a part of the proceeds payable under the policy, the proceeds are to be distributed as if the insured person had survived the other or each of the others and had died immediately afterwards; (d) any property that is owned jointly and exclusively by any 2 or more of those persons is to devolve as if it were owned by them as tenants in common in equal shares when they died; (e) subject to subsection (3) – in any case where under a will or trust or other disposition property would have passed (whether as the consequence of the operation of section 40 of the Wills Act 2000 or otherwise) to any of 2 or more possible beneficiaries (who are from amongst those persons who die or are presumed dead) if any of the possible beneficiaries could be shown to have survived the other or others of them, the Law of Property Act 2000 134 devise or bequest or disposition takes effect as if the property were given to the possible beneficiaries as tenants in common in equal shares, and the property is to devolve accordingly; (f) subject to subsection (4) – in any case of a power of appointment which could have been exercised in respect of any property by any 2 of more of those persons who die or are presumed dead if any of them could be shown to have survived the other or others of them, the power may be exercised as if an equal share of that property had been set apart for appointment by each of those persons and as if each of those persons had the power of appointment in respect of the share of that property set apart for appointment by him or her, and that share is to devolve in default of appointment by him or her in the manner in which the property would have devolved in default of appointment by him or her if he or she had survived the other or others; (g) in any case where: (i) property is devised or bequeathed or appointed by will or other testamentary instrument to the survivor of 2 or more of the testator's children or other issue; and (ii) all or the last survivors of those children or other issue are from amongst those persons who die or are presumed dead, that provision applies as if the devise or bequest or appointment were in equal shares to those survivors who leave a child or children who survives or survive the testator; and (h) in any case where those persons who die or are presumed dead include a testator and one or more of his or her issue (however remote) and section 40 of the Wills Act 2000 applies, the testator is to be taken to have survived all of his or her issue who die or are presumed dead and to have died immediately afterwards and, accordingly, a devise or bequest by the testator to any of his or her issue who die or are presumed dead or who had already died during the testator's lifetime: (i) lapses unless any of the donee's issue, other than those persons who die or are presumed dead, survives the testator; or Law of Property Act 2000 135 (ii) if any of the issue referred to in subparagraph (i) survives the testator – takes effect in accordance with that provision. (3) Subsection (2)(e) does not apply in any case to which subsection (2)(c) or (f) applies. (4) Subsection (2)(f) does not apply in any case to which subsection (2)(c) applies.