Chap. 63.—-An ACT to provide, with certain exceptions, for the disposition of
property where there is no sufficient evidence that persons have died otherwise
than simultaneously, and to make uniform the law with reference thereto.

[S B 15]
Approved February 25, 1942

1. Be it enacted by the General Assembly of Virginia, as follows:

Section 1. 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 act.

Section 2. Beneficiaries of Another Person’s Disposition of Prop-
erty—Where two or more beneficiaries are designated to take suc-
cessively by reason of survivorship under another person’s disposition of
property and there is no sufficient evidence that these beneficiaries have
died otherwise than simultaneously the property thus disposed of shall be
divided into as many equal portions as there are successive beneficiaries
and these portions shall be distributed respectively to those who would
have taken in the event that each designated beneficiary had survived.

Section 3. Joint Tenants or Tenants by the Entirety—Where there
is no sufficient evidence that two joint tenants or tenants by the entirety
have died otherwise than simultaneously the property so held 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.

Section 4. Insurance Policies—Where the insured and the bene-
ficiary 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.

Section 5. Act Not Retroactive-——This act shall not apply to the
distribution of the property of a person who has died before it takes effect.

Section 6. Act Does Not Apply If Decedent Provides Otherwise.
—This act shall not apply in the case of wills, living trusts, deeds, or con-
tracts of insurance wherein provision has been made for distribution of
property different from the provisions of this act. |

Section 7. Uniformity of Interpretation—-This act shall be so
construed and interpreted as to effectuate its general purpose to make
unifotm the law in those states which enact it.

Section 8. Short Title—This act may be cited as the Uniform
Simultaneous Death Act.

Section 9. Repeal.—All acts or parts of acts which are inconsistent
with the provisions of this act are hereby repealed to the extent of such
inconsistency.

Section 10. Severability—If any of the provisions of this act or
the application thereof to any persons or circumstances is held invalid
such invalidity shall not affect other provisions or applications of the act
which can be given effect without the invalid provision or application,
and to this end the provisions of this act are declared to be severable.