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Inheritance law provisions on simultaneous death

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eshroom


Arresto Menor
May provision ba sa inheritance laws ng Pilipinas regarding sa survivorship requirements, particularly in cases of simultaneous death or deaths that occur more or less at the same time?

For example, kung may dalawang magkapatid (Sibling A and Sibling B) na naaksidente at nalamang naunang namatay si Sibling A kesa kay Sibling B, considered ba na nagmana mula sa estate ni Sibling A si Sibling B? Or kailangan na ma-outlive ni Sibling B si Sibling A by a certain amount of time? I've read in most state laws in the U.S. that they have survivorship requirements that cover this kind of scenario. For example, in California, a person must outlive the decedent by at least 120 hours (5 days) in order to inherit from the decedent.

I've skimmed through the Civil Code but so far I can't find a provision that covers what I'm describing, just the fact that (of course) a person must outlive the decedent in order to inherit from his estate, no specific period by which the person must outlive the decedent.

Or another scenario, if namatay si Sibling A and Sibling B at more or less the same time pero hindi malalaman with certainty ang exact times of death nila, who inherits from whom if in case nag-iwan ng Last Will and Testament si Sibling B? Or perhaps both of their estates will simply go into intestate succession?

Assume that the siblings are both single and have both outlived their parents so, in the absence of a will, they can actually be called into succcession for the other's estate in the event of the other's death.

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Lunkan


Reclusion Perpetua
I don't know.
But does the LATER dead have children and/or alive husband (=hiers OTHER than the sibblings)?
If not, then I don't see any difference in hiering point of view anyway if counting them dead at same time or one died later.

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