Why does something need to be a fiction in law or the courts?
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A legal fiction is a judicially-established fact that exists due to the operation of law rather than being a true statement about reality.
An example is the doctrine of survival:
Let’s say two family members both die simultaneously in an accident, and their wills conflict in a way that the probate court needs to know who died first to determine how the assets are distributed
Let’s say Jane willed her mug collection to Kim. Bob willed all of his possessions (including his favorite mug) to Jane, so long as Jane lives, but to Anna if Bob survives Jane. If Bob and Jane both die at the same time, who gets Bob’s mug? If Bob died before Jane, Jane inherited the mug at that moment and then bequeathed it to Kim upon her own death. But if Jane died first, then Bob bequeathed everything, including his favorite mug, to Anna.
Under the doctrine of survival, when the order of death cannot be determined, it is treated as fact that the older person died first. This is a legal fiction. Bob is older than Jane, so the court will distribute assets under the assumption that he died first.
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