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<section article="gcj" article_name="Courts and Judicial Proceedings" number="10-806" title_number="10" title_name="Evidence" subtitle_number="8" subtitle_name="Simultaneous Death">
  <text>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 on an individual surviving an event, including the death of another individual, an individual is not required to have survived the other individual by at least 120 hours if:</text>
  <level label="1">
    <text>The governing instrument contains applicable language dealing explicitly with simultaneous deaths or deaths in a common disaster;</text>
  </level>
  <level label="2">
    <text>The governing instrument expressly indicates that the individual is not required to survive the event, including the death of another individual, by any specified period provided that it is established by clear and convincing evidence that the individual survived the event;</text>
  </level>
  <level label="3">
    <text>The governing instrument expressly requires the individual to have survived the event for a specified period other than at least 120 hours;</text>
  </level>
  <level label="4">
    <text>The application of a 120–hour requirement of survival would cause a nonvested property interest or power of appointment to be invalid under the common–law rule against perpetuities, unless an exception under § 11–102 of the Estates and Trusts Article applies, provided that it is established by clear and convincing evidence that the individual survived the event; or</text>
  </level>
  <level label="5">
    <text>The application of a 120–hour requirement of survival to multiple governing instruments would result in an unintended failure or duplication of a disposition, provided that it is established by clear and convincing evidence that the individual survived the event.</text>
  </level>
</section>
