§2-805. Simultaneous death








(a). 
 
This section may be cited as the "Uniform Simultaneous Death Act."


[
1979, c. 540, §1 (NEW)
.]








(b). 
 
When the title to property or the devolution thereof depends upon priority of death
and there is no sufficient evidence that the persons died otherwise than simultaneously,
the property of each person must be disposed of as if that person were the survivor,
except as provided otherwise in this part.


[
1991, c. 824, Pt. A, §26 (AMD)
.]








(c). 
 
Where a testamentary disposition of property depends upon the priority of death
of the designated beneficiaries and there is no sufficient evidence that these beneficiaries
died otherwise than simultaneously, the property thus disposed of shall be divided
into as many equal portions as there are designated beneficiaries and these portions
shall be distributed respectively to those who would take in the event that each designated
beneficiary were the survivor.


[
1979, c. 540, §1 (NEW)
.]








(d). 
 
Where there is no sufficient evidence that 2 joint tenants died otherwise than simultaneously,
the property so held shall be distributed 1/2 as if one had survived and 1/2 as if
the other had survived. If there are more than 2 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.


[
1979, c. 540, §1 (NEW)
.]








(e). 
 
Where the decedents are the insured and the beneficiary respectively in policies
of life or accident insurance and there is no sufficient evidence that they died otherwise
than simultaneously, the proceeds of each policy shall be distributed as if the person
whose life was insured therein survived.


[
1979, c. 540, §1 (NEW)
.]








(f). 
 
This section shall not apply to the distribution of the property of any person dying
before July 26, 1941, nor to the distribution of the proceeds of any policy of life
or accident insurance the effective date of which is prior to that date.


[
1979, c. 540, §1 (NEW)
.]








(g). 
 
This section shall not apply in the case of wills, deeds or contracts of insurance
wherein provision has been made for distribution different from the provisions of
said section.


[
1979, c. 540, §1 (NEW)
.]








(h). 
 
This section shall be so construed and interpreted as to effectuate their general
purpose to make uniform the law in those states which enact them.


[
1979, c. 540, §1 (NEW)
.]





SECTION HISTORY

1979, c. 540, §1 (NEW).
1991, c. 824, §A26 (AMD).