The moment of death is the last moment of life.

Explanation

For purposes of inheritance, vesting of rights, and survival of actions, a person is treated as alive until the instant of death — rights that depend on survivorship are determined at that precise moment.

Where this applies

• Two siblings both claim to be the surviving beneficiary of a life insurance policy, and the court determines who was alive at the exact moment of the policyholder's death to decide who inherits.
• A will provides that a bequest goes to the testator's wife if she survives him, and the court must determine whether the wife was alive at the precise instant of the testator's death.
• A joint tenancy with right of survivorship requires determining who died first in a car accident, and the court treats each person as alive until the exact moment of their death to resolve inheritance.