The 28 day rule - Spouse dies - Probate

[Jn304]

Could someone please advise how the 28 rule works. If husband dies on 19/12/24 and wife dies on 16/1/25 is this 28 days or 29 days?

[atticus]

28 days after 19 December is 16 January.

What is this 28 day "rule" to which you refer?

Is this a student question?

[Jn304]

When a spouse dies with in 28 days of their spouse and as a result they are considered predeceased for intestate rules.

[atticus]

OK, we are getting somewhere.

s1 Law Reform (Succession) Act 1995 says:

(1)In the Administration of Estates Act 1925 ("the 1925 Act"), in section 46 (succession on intestacy) the following subsection shall be inserted after subsection (2):

"(2A)Where the intestate's husband or wife survived the intestate but died before the end of the period of 28 days beginning with the day on which the intestate died, this section shall have effect as respects the intestate as if the husband or wife had not survived the intestate."

my emphasis

The words beginning with the day on which the intestate died mean that 19 December is day 1. 16 January is therefore day 29.