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ARTICLE · 08 MAY 2020

Whose will applies if both parents die at the same time?

If both parents die at the same time, the younger partner is deemed to have died second, so that will would apply.

AustraliaFamily and Matrimonial

If the unthinkable were to happen and both parents die at the same time, say in a car or plane crash, what happens in regard to their wills?

In most cases, parents would leave their estate first to their spouse, then to their children. However, what if they have children from previous relationships? What if they are childless, and the will of one spouse directs their home to go to her sister, while her partner's will states it should go to his parents?

This type of complexity arises more often than one would think, particularly with more people having blended families which include children from different relationships.

Fortunately, the law has a solution for this situation, even if it may not always make sense in the real world.

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