The point of the law is to remove confusion over the inheritance of property. The Law of Property Act 1925 provides that in the circumstances described the deaths are presumed to have occurred in the order of age, so the younger is presumed to have survived the elder. According to HMRC where the deaths are of husband and wife or civil partners and the elder died intestate, the intestacy rules apply as if the younger spouse or civil partner had not survived the elder.

So yes, the law (nonsensical or otherwise) has caught up.