§ 563:6 — Exceptions

Survival by 120 hours is not required if:
I. The governing instrument contains language dealing explicitly with simultaneous deaths or deaths in a common disaster and that language is operable under the facts of the case;
II. The governing instrument expressly indicates that an individual is not required to survive an event, including the death of another individual, by any specific period or expressly requires the individual to survive the event for a specified period; but survival of the event or the specified period shall be established by clear and convincing evidence;
III. The imposition of a 120-hour requirement of survival would cause a nonvested property interest or a power of appointment to be invalid under the Rule Against Perpetuities; but survival shall be established by clear and convincing evidence; or
IV. The application of a 120-hour requirement of survival to multiple governing instruments would result in an unintended failure or duplication of a disposition; but survival shall be established by clear and convincing evidence.

Legislative History

1998, 1:1, eff. Jan. 1, 1999.