58-713. Same; exceptions. - Kansas Statutes

58-713

Chapter 58.--PERSONAL AND REAL PROPERTY Article 7.--UNIFORM SIMULTANEOUS DEATH LAW

      58-713.   Same; exceptions.This act does not apply if:

      (1)   The governing instrument contains language dealing explicitly withsimultaneous deaths or deaths in a common disaster and that language isoperable under the facts of the case;

      (2)   the governing instrument expressly indicates that an individual is notrequired to survive an event, including the death of another individual, by anyspecified period or expressly requires the individual to survive the event fora stated period;

      (3)   the imposition of a 120-hour requirement of survival would cause anonvested property interest or a power of appointment to be invalid under therule against perpetuities; or

      (4)   the application of this section to multiple governing instruments wouldresult in an unintended failure or duplication of a disposition.

      History:   L. 1992, ch. 97, § 6; July 1.