Re Cohn [1945]
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Re Cohn [1945] Ch 5 is a case that addresses conflict of laws concerning the administration of estates in cases of intestacy, specifically in situations where questions of survivorship arise. This case involved a mother and daughter, both German nationals domiciled in Germany, who were killed in the same air raid explosion in London during World War II. Because there was no proof regarding which of them survived the other, the question of survivorship became central to determining inheritance rights.
Under Section 184 of the Law of Property Act 1925 in England, there is a presumption that, in cases of simultaneous deaths where survivorship cannot be established, the older person is deemed to have died first. According to English law, this presumption would mean that the mother was presumed to have predeceased the daughter. Consequently, the daughter would be considered the surviving heir to her mother’s estate and would inherit her movable property.
However, the court ruled that the question of survivorship should be determined by the law of the deceased's domicile, so the provision of the German Civil Code rather than the Law of Property Act 1925 of England and Wales applied. Under the German Civil Code, when two individuals die in circumstances that make it impossible to determine the order of death, it is presumed that their deaths occurred simultaneously. Applying this German rule meant that neither the mother nor the daughter could be deemed to have survived the other.
As a result, the daughter was not considered a living person at the time her mother's estate succession opened, which meant she was not entitled to inherit her mother's property. The estate would therefore be administered as if both had died without the other surviving, and any inheritance would be distributed according to the next eligible heirs under the German Civil Code.
Re Cohn illustrates the importance of applying the law of domicile in cases involving conflict of laws and inheritance. This case also highlights the limitations of the English statutory presumption of survivorship when foreign nationals and foreign domiciles are involved.
Under Section 184 of the Law of Property Act 1925 in England, there is a presumption that, in cases of simultaneous deaths where survivorship cannot be established, the older person is deemed to have died first. According to English law, this presumption would mean that the mother was presumed to have predeceased the daughter. Consequently, the daughter would be considered the surviving heir to her mother’s estate and would inherit her movable property.
However, the court ruled that the question of survivorship should be determined by the law of the deceased's domicile, so the provision of the German Civil Code rather than the Law of Property Act 1925 of England and Wales applied. Under the German Civil Code, when two individuals die in circumstances that make it impossible to determine the order of death, it is presumed that their deaths occurred simultaneously. Applying this German rule meant that neither the mother nor the daughter could be deemed to have survived the other.
As a result, the daughter was not considered a living person at the time her mother's estate succession opened, which meant she was not entitled to inherit her mother's property. The estate would therefore be administered as if both had died without the other surviving, and any inheritance would be distributed according to the next eligible heirs under the German Civil Code.
Re Cohn illustrates the importance of applying the law of domicile in cases involving conflict of laws and inheritance. This case also highlights the limitations of the English statutory presumption of survivorship when foreign nationals and foreign domiciles are involved.
