2005 North Carolina Code - General Statutes Article 24 - Uniform Simultaneous Death Act.

Article 24.

Uniform Simultaneous Death Act.

§ 28A‑24‑1.� Disposition of property where no sufficient evidence of survivorship.

Where the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he had survived, except as provided otherwise in this Article. (1947, c. 1016, s. 1; 1973, c. 1329, s. 3.)

 

§ 28A‑24‑2.� Beneficiaries of another person's disposition of property.

(a)������ Other than as provided in subsection (b) below, if property is so disposed of that the right of a beneficiary to succeed to any interest therein is conditional upon his surviving another person and both persons die, and there is no sufficient evidence that the two have died other than simultaneously, the beneficiary shall be� deemed not to have survived.

(b)������ If property is so disposed of that it is to be distributed among such members of a class as survive another person and there is no sufficient evidence that one or more members of the class and such� other person died other than simultaneously, each member of the class so dying will be deemed to have survived such other person.

(c)������ If property is so disposed of that its disposition depends upon the time of death of two or more beneficiaries designated to take alternatively by reason of survivorship and there is no sufficient evidence that such beneficiaries have died otherwise than simultaneously, the property thus disposed of shall be divided into as many equal portions as there are alternative beneficiaries who would have taken the whole property if they had survived and such portions shall be distributed respectively to each such beneficiary. (1947, c.� 1016, s. 2; 1973, c. 1329, s. 3.)

 

§ 28A‑24‑3.� Joint tenants or tenants by the entirety.

(a)������ Where there is no sufficient evidence that two joint tenants or tenants by the entirety have died otherwise than simultaneously, the property shall be distributed one half as if one had survived and one half as if the other had survived. If there are more than two 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.

(b)������ For the purpose of this section, the term "joint tenants" includes owners of property held under circumstances which entitled one or more to the whole of the property on the death of the other or others. (1947, c. 1016, s. 3; 1973, c. 1329, s. 3.)

 

§ 28A‑24‑4.� Insurance policies.

Where the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary. (1947, c. 1016, s. 4; 1973, c. 1329, s. 3.)

 

§ 28A‑24‑5.� Article does not apply if decedent provides otherwise.

This Article shall not apply in the case of wills, living trusts, deeds, contracts of insurance, or any other situation wherein� provision has been made for distribution of property different from the provisions of this Article, or wherein provision has been made for a presumption as to survivorship which results in a distribution of property different from that herein provided. (1947, c. 1016, s. 6; 1973, c. 1329, s. 3.)

 

§ 28A‑24‑6.� Uniformity of interpretation.

This Article shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact it. (1947, c. 1016, s. 7; 1973, c. 1329, s. 3.)

 

§ 28A‑24‑7.� Short title.

This Article may be cited as the Uniform Simultaneous Death Act. (1947, c. 1016, s. 8; 1973, c. 1329, s. 3.)