Simultaneous deaths

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  • (a) Where the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he had survived, except as otherwise provided in this section.

  • (b) Where a testamentary disposition of property depends upon the time of death or two or more beneficiaries designated to take alternatively by reason of survivorship and there is no sufficient evidence that such beneficiaries have died otherwise than simultaneously the property thus disposed of shall be divided into as many equal portions as there are alternative beneficiaries and such portions shall be distributed respectively to those who would have taken the whole property in the event that the designated beneficiary through whom they take had survived.

  • (c) Where there is no sufficient evidence that two joint tenants or tenants by the entirety have died otherwise than simultaneously the property so held shall be distributed one-half as if one had survived and one-half as if the other had survived. If there are more than two joint tenants and all of them have so died the property thus distributed shall be in the proportion that one bears to the whole number of joint tenants.

  • (d) Where the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.

  • (e) This section shall not apply in the case of wills, living trusts, deeds or contracts of insurance wherein a provision other than that provided for by this section has been made for the disposition of property.

  • (f) Nothing contained in this section shall be deemed or construed to apply to the disposition of property of a person who has died before the effective date of this Code or to the disposition of property passing under an instrument, other than a will, executed before such date.


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