Simultaneous Death Clause Samples
The Simultaneous Death clause determines how assets are distributed if two or more individuals, such as spouses or beneficiaries, die at the same time or under circumstances where it is unclear who died first. Typically, this clause sets a default order of death or specifies a minimum survival period (such as 120 hours) that a beneficiary must outlive the decedent to inherit. Its core function is to prevent legal uncertainty and potential disputes over inheritance by providing a clear rule for asset distribution in cases of simultaneous or closely timed deaths.
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Simultaneous Death. If the Participant and his or her spouse both suffer a common accident or casualty which results in their respective deaths within 60 days of each other, it shall be conclusively presumed, for the purpose of this Agreement, that the Participant died first and the spouse died thereafter.
Simultaneous Death. If the Settlor's Wife and the Settlor die simultaneously or under such circumstances that the order of their deaths cannot be determined, she shall be deemed to have survived the Settlor for purposes of this Article.
Simultaneous Death. If all Shareholders die simultaneously or under any circumstances where it cannot be determined which Shareholder died first, or if the death of all of the Shareholders occurs within such close proximity that the death of the remaining Shareholder occurs before the aggregate Purchase Price for all of the Shares owned by the other Shareholder(s) has been paid in accordance with this Agreement, then the estate of each deceased Shareholder shall retain the respective Shares, the Legal Representatives of the respective estates of the deceased Shareholders shall collect and retain the Proceeds of the respective Policies and any payments made with respect to any of the Shares shall be returned to the estate of the Shareholder that made such payments.
Simultaneous Death. If the Holder and his spouse both suffer a common accident or casualty which results in their respective deaths within 60 days of each other, it shall be conclusively presumed, for the purpose of this Agreement, that the Holder died first and the spouse died thereafter.
Simultaneous Death. If any beneficiary designated under the provisions of this agreement should die simultaneously with the Associate or within the twenty-four hour period immediately following the death of the Associate, all benefits payable under this Agreement shall be paid as if such beneficiary died prior to the Associate.
Simultaneous Death. If the Settlors die under circumstances in which the order of their deaths cannot be established by clear and convincing evidence, each Settlor shall be deemed to have survived the other, and this instrument shall be construed accordingly. If any beneficiary and either or both Settlors die under circumstances in which the order of their
Simultaneous Death. If a Non-Family Member and his Spouse both suffer a common accident or casualty which results in their respective deaths within 60 days of each other, it shall be conclusively presumed, for the purpose of this Agreement, that the Non-Family Member died first and his Spouse died thereafter, and thus the Offered Shares shall be offered pursuant to Section 4.
Simultaneous Death. If a Stockholder and his or her spouse reside in a state with community property laws and both suffer a common accident or casualty which results in their respective deaths within 60 days of each other, it shall be conclusively presumed, for the purpose of this Agreement, that the Stockholder died first and his or her spouse died thereafter.
Simultaneous Death. If the Grantor and the Grantor’s spouse die simultaneously, or if it cannot be established by clear and convincing evidence who died first, the Grantor shall be deemed to have predeceased the Grantor’s spouse, and the spouse shall receive the distribution accordingly.
Simultaneous Death. If any beneficiary, including the Settlor’s spouse, under this instrument and the Settlor die under circumstances in which the order of their deaths cannot be established by clear and convincing evidence, or if it is difficult or impractical to determine which person survived the death of the other person, for the purpose of distribution of the Settlor's life insurance, property passing under any will or other contracts, if any, and property passing under this Trust, the Settlor shall be deemed to have survived the beneficiary, and this instrument shall be construed accordingly.