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1994 SESSION

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HB 811 Uniform Simultaneous Death Act.

Introduced by: W. Tayloe Murphy, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY:

Uniform Simultaneous Death Act. Adopts the revised (1991) Uniform Act. The Act does not change the rules or results where the parties in fact die simultaneously (property passes as if each survives the other). The Act provides, however, that if one party survives the other by less than five days (120 hours), the property of the first decedent passes to his or her secondary beneficiaries rather than to the person who survived for only a relatively short period. It is presumed under the Act that the first decedent wished to pass the property to the second decedent only if that second decedent would have had an opportunity to enjoy the property.

The new Act also codifies the burden of proof (clear and convincing) on the issue of survival. Statutory protections for payors and BFPs are also included.

The bill is recommended by the Virginia Bar Association and Virginia's Uniform Laws Commissioners.


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