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simultaneous death : ウィキペディア英語版
simultaneous death

Simultaneous death is a problem of inheritance which occurs when two people, at least one of whom is entitled to part or all of the other's estate on their death (usually a husband and wife) die at the same time. This is usually the result of an un-natural death occurring from events such as an accident, a homicide, or a murder-suicide.
Under the common law, if there was any evidence whatsoever that one party had survived the other, even by a few moments, then the estates would be distributed in that order, though the decedents could write (or have written) a clause in the will that requires their property to be distributed as though each had predeceased the other.
Some wills now include ''Titanic clauses'' (named for the RMS ''Titanic'', which caused many simultaneous deaths among testators and executors). These clauses lay out explicit instructions for dealing with simultaneous death.
==United States==
In order to alleviate problems of proving simultaneous death, many states in the United States have enacted the Uniform Simultaneous Death Act, which provides that each spouse will be treated as though they predeceased the other if they die within 120 hours of one another, unless a specific clause in the will deals with this particular possibility.
However, the Act also states that the 120-hour rule is not applicable if the end result would be that the estate is intestate, and would therefore be escheated to the state.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「simultaneous death」の詳細全文を読む



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