397.1006 Exceptions in which specified survival requirement does not apply.

174 words·~1 min read·/ky/chapter-397/397-1006

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Survival by one hundred twenty

(120)hours is not required if:

(1)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;

(2)The governing instrument expressly indicates that an individual is not required to

survive an event, including the death of another individual, by any specified period

or expressly requires the individual to survive the event for a stated period, but

survival of the event or the specified period shall be established by clear and

convincing evidence;

(3)The imposition of a one hundred twenty

(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

(4)The application of a one hundred twenty

(120)hour requirement to multiple

governing instruments would result in an unintentional failure or duplication of a

disposition, but survival shall be established by clear and convincing evidence.