Relates to the disposition of property when persons die simultaneously; repealer

Title of bill

An act to amend the estates, powers and trusts law, in relation to the disposition of property when persons die simultaneously and to repeal section 2-1.6 of such law relating thereto

Purpose of bill

This bill repeals the Estates Powers and Trusts Law (the "EPTL") section 2-1.6, which is presently based upon actual simultaneous death, and replaces it with language which treats the death of a relevant person within 120 hours of the decedent as predeceasing the decedent.

Justification

Presently, EPTL Section 2-1.6 sets forth certain rules for the disposition of property when there is no evidence that persons died otherwise than simultaneously. If it appears that persons have died simultaneously, then the property of each person is disposed of as if he had survived, with certain exceptions. For instance, when a provision in a will depends on the time of death of two or more beneficiaries, and there is no evidence that they died otherwise than simultaneously, the property is divided into equal portions for each of them. When two joint tenants or tenants by the entirety die simultaneously, the property is divided into two parts, to be shared equally by each of the decedent's heirs.

This bill enacts the 1993 version of the Uniform Simultaneous Death Act. Unless it is established by clear and convincing evidence that an individual survived the death of another by 120 hours, that individual is determined to have predeceased the other decedent.

Legislative history

2008: A.11503/S.788 - PA/S. Rules

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect on the tenth day after it shall have become a law with certain enumerated exceptions relating to actions and proceedings which have already commenced at the time of the effective date.