§ 28A-24-6. Exceptions to the 120-hour survival requirement. - North Carolina Statutes

§ 28A‑24‑6. Exceptions to the 120‑hour survival requirement.

Survival by 120 hours is notrequired if any of the following apply:

(1)        The governinginstrument contains language dealing explicitly with simultaneous deaths ordeaths in a common disaster and the language is operable under the facts of thecase.

(2)        The governinginstrument expressly indicates that an individual is not required to survivethe death of another individual by any specified period or expressly requiresthe individual to survive another individual for a specified period; butsurvival must be established by clear and convincing evidence.

(3)        The imposition of a120‑hour requirement of survival would cause a nonvested propertyinterest or a power of appointment to fail to qualify for validity under G.S.41‑15; but survival must be established by clear and convincing evidence.

(4)        The application of a120‑hour requirement of survival to multiple governing instruments wouldresult in an unintended failure or duplication of a disposition; but survivalmust be established by clear and convincing evidence.

(5)        The application of a120‑hour requirement of survival would deprive an individual or theestate of an individual of an otherwise available tax exemption, deduction orcredit, expressly including the marital deduction, resulting in the impositionof a tax upon a donor or testator or other person (or their estate) as thetransferor of any property. "Tax" includes any federal or State gift,estate or inheritance tax.

(6)        The application of a120‑hour requirement of survival would result in an escheat. (1947, c. 1016, s. 7; 1973,c. 1329, s. 3; 2007‑132, s. 1.)