Simultaneous Death Act


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Simultaneous Death Act

A law enacted in most states providing that when persons die at the same time or perhaps within a described number of hours of each other, and one or both would inherit from the other if only they had survived,then each will be treated as if he or she had died before the other. As a result, property does not pass through one estate briefly and then into another estate.

References in periodicals archive ?
If the insured and spouse-beneficiary die under circumstances that make it impossible to determine the order of death (usually when both are killed in the same accident), the Uniform Simultaneous Death Act creates a presumption that the beneficiary died first.
Where the owner-beneficiary of a life insurance policy and the insured die simultaneously (to all appearances), and where policy proceeds are distributed as if the owner-beneficiary predeceased the insured (as provided in the Uniform Simultaneous Death Act, except where the policy or other controlling instrument provides otherwise), the value of the policy (valued as described above) is likewise included in the owner-beneficiary's estate under IRC Section 2033.

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