Practice question
Two persons called to succeed each other die in an accident. There is no proof of their order of death. A relative asserts earlier death based only on the relative's wish to increase a share. What follows under 43?
- The preferred share conclusively establishes the sequence.
- The claimant may select the order by affidavit without factual basis.
- The richer person must necessarily survive.
- The asserted sequence must be proved; wish alone does not defeat the simultaneous-death default.
- All estates automatically become ownerless.
Legal references
- Civil Code Articles13-17 and37-46: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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