Why does something need to be a fiction in law or the courts?
In: 43
Simplifying a process to reach the intended/predictable outcome.
Joe’s will says that when he dies, he wants his wife Jane to have everything. If she’s already dead, he wants his brother to have his car and his personal savings to go to his sister.
Jane’s will says that when she dies, she wants her husband to have everything. If he’s already dead, she wants her niece to have her car and her nephew to have her personal savings.
Joe and Jane die in the same car accident. Should the court pretend that Joe died first, give his estate to Jane’s estate, and then give both of their savings to Jane’s nephew? Should it pretend Jane died first, and end up giving all the savings to Joe’s sister? Neither option seems fair or what the couple intended. Instead, the court pretends Jane died first when handling Joe’s will (so his siblings get his stuff) and pretends that Joe died first when handling Jane’s will (so her niblings get her stuff). Since they can’t factually have both died first, the court knows that one of the things it is pretending has to be false, so it’s called a legal fiction.
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