563:1 Definitions. – As used in this chapter, unless the context otherwise requires: I. "Co-owners with right of survivorship" includes joint tenants, tenants by the entireties, and other co-owners of property or accounts held under circumstances that entitles one or more to the whole of the property or account on the death of the […]
563:10 Severability. – If any provision of this chapter or its application to any persons or circumstance is held invalid, the validity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. […]
563:11 Applicability. – I. An act done before the effective date of this chapter in any proceeding, and any right accrued before the effective date of this chapter shall not be impaired by this chapter. If a right is acquired, extinguished, or barred upon the expiration of a prescribed period of time that has […]
563:2 Requirement of Survival by 120 Hours. – Except as provided in RSA 563:6, if the title to property, the devolution of property, the right to elect an interest in property, or the right to exempt property, homestead, or family allowance depends upon an individual’s survivorship of the death of another individual, an individual […]
563:3 Requirement of Survival by 120 Hours Under Governing Instruments. – Except as provided in RSA 563:6, for purposes of a provision of a governing instrument that relates to an individual surviving an event, including the death of another individual, an individual who is not established, by clear and convincing evidence, to have survived […]
563:4 Co-Owners with Right of Survivorship; Requirement of Survival by 120 Hours. – Except as provided in RSA 563:6, if: I. It is not established by clear and convincing evidence that one of 2 co-owners with right of survivorship survived the other co-owner by 120 hours, 1/2 of the property passes as if one […]
563:5 Evidence of Death or Status. – In addition to otherwise applicable rules of evidence, the following rules relating to a determination of death and status apply: I. Death occurs when an individual is determined to be dead under RSA 141-D:2. II. A certified or authenticated copy of a death certificate purporting to be […]
563:6 Exceptions. – Survival by 120 hours is not required if: I. The governing instrument contains language dealing explicitly with simultaneous deaths or deaths in a common disaster and that language is operable under the facts of the case; II. The governing instrument expressly indicates that an individual is not required to survive an […]
563:7 Protection of Payors, Bona Fide Purchasers, and Other Third Parties; Personal Liability of Recipient. – I. A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a person designated in a governing instrument who, under this chapter, is […]
563:8 Uniformity of Application and Construction. – This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. Source. 1998, 1:1, eff. Jan. 1, 1999.
563:9 Short Title. – This chapter may be cited as the Uniform Simultaneous Death Act. Source. 1998, 1:1, eff. Jan. 1, 1999.
