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64.1-104.2 - Requirement of survival by 120 hours for statutory rights.

§ 64.1-104.2. Requirement of survival by 120 hours for statutory rights.

Except as provided in § 64.1-104.6, if the (i) title to property, (ii)devolution of property, or (iii) right to elect an interest in property, anaugmented estate share or exempt property, homestead or family allowancedepends upon an individual surviving another, an individual who is notestablished by clear and convincing evidence to have survived the otherindividual by 120 hours is deemed to have predeceased the other. However,this section does not apply if its application would result in a taking of anintestate estate by the Commonwealth.

(1994, c. 475.)

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