Uniform Simultaneous Death Act
West Virginia · Descent and Distribution · §§ 42-5-1 to 42-5-9 · 10 sections
Overview
The Uniform Simultaneous Death Act governs how property passes when two or more people die at or near the same time and it cannot be established who survived whom. Rather than turning inheritance on split-second questions of survival, it requires a person to outlive the other by a set minimum period in order to take, applying that rule to donative provisions in governing instruments as well as to property held with a right of survivorship, and treating anyone who falls short of it as having died first. It further addresses what counts as evidence of death or survivorship, identifies circumstances in which the survival requirement does not apply, protects payors, good-faith purchasers, and other third parties who act before the outcome is settled while making recipients personally liable for what they were not entitled to receive, and directs that its terms be applied and construed consistently with the versions in force in other adopting states.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 1 court decision.
Most-cited authority: 522 F. Supp. 2d 785 - Provident Life & Accident Insurance v. Berry
Sections covered
- W. Va. Code § 42-5-1No sufficient evidence of survivorship
- W. Va. Code § 42-5-10Severability
- W. Va. Code § 42-5-2Beneficiaries of another person's disposition of property
- W. Va. Code § 42-5-3Joint tenants or tenants by the entirety
- W. Va. Code § 42-5-4Insurance policies1 cite
- W. Va. Code § 42-5-5Article not retroactive
- W. Va. Code § 42-5-6Article does not apply if decedent provides otherwise
- W. Va. Code § 42-5-7Uniformity of interpretation
- W. Va. Code § 42-5-8Short title
- W. Va. Code § 42-5-9Repeal of inconsistent laws
Enacted in other states
Alabama, Arkansas, Georgia, Indiana, Kentucky, Maryland, New Hampshire, Nevada, Rhode Island, Tennessee, Wyoming
All West Virginia named statutes →
Download
Copy
Embed on your site
Hover to preview · click to copy the code