The Civil Law (Miscellaneous Provisions) Act 2008

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Section 68 of the Civil Law (Miscellaneous Provisions) Act 2008 amends section 5 of the Succession Act 1965, which deals with the presumption of simultaneous death in cases of uncertainty. The amendment designates the existing text of section 5 as subsection (1) and inserts a new subsection (2) and (3). The purpose of the amendment is to provide that two or more persons who are presumed to have died simultaneously under section 5(1) and who held property as joint tenants shall be deemed to have held the property immediately before their death as tenants in common in equal shares. The property deemed to have been held by persons as tenants in common shall form part of their respective estates. There are also amendments to section 3 of the Succession Act 1965 by deleting “in good faith”. The Act is a significant piece of legislation, amending some 30 Acts and effecting a partial repeal of 9 Acts, as well as the repeal of one statutory instrument.