3B:3-32.
a. Except as provided in subsections b. and c., for purposes of construing a
will, trust agreement, or other governing instrument, an individual who is not
established by clear and convincing evidence to have survived an event,
including the death of another individual, by 120 hours is deemed to have
predeceased the event.
b.If
it is not established by clear and convincing evidence that one of two
co-owners with right of survivorship survived the other co-owner by 120 hours,
one-half of the property passes as if one had survived by 120 hours and
one-half as if the other had survived by 120 hours.
c.If
there are more than two co-owners and it is not established by clear and
convincing evidence that at least one of them survived the others by 120 hours,
the property passes in the proportion that one bears to the whole number of
co-owners.
d.The
120 hour survival requirement of subsections a., b. and c. shall not apply if:
(1) the will, trust agreement, or other governing instrument, contains some
language applicable to the event dealing explicitly with simultaneous deaths or
deaths in a common disaster, or requiring survival for a stated time period;
(2) application would cause a non-vested property interest or power of
appointment to be invalid under a rule against perpetuities concerning an
interest created prior to the enactment of P.L. 1999, c. 159 (effective on July
8, 1999); or (3) it is established by clear and convincing evidence that
application to multiple governing instruments would result in an unintended
failure or duplication of a disposition.
e.For
purposes of this section, "co-owners with right of survivorship"
includes joint tenants, tenants by the entireties, and other co-owners of
property or accounts held under circumstances that entitle one or more to the
whole of the property or account on the death of the other or others.
To
the extent this section is inconsistent with the "Uniform Simultaneous
Death Law" (N.J.S.3B:6-1 et seq.), the provisions of this section shall
apply.
L.1981,
c.405, s.3B:3-32, eff. May 1, 1982; amended 2004, c.132, s.27.
For
more information, go to http://njwillsprobatelaw.com/3b_3-32.html?id=2163&a=
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