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28-10-203. Requirement of survival by 120 hours under governing instruments.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-10-203. Requirement of survival by 120 hours under governing instruments.
Except as provided in § 28-10-206, 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 the event by 120 hours is deemed to have predeceased the event.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-10-203
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:28-10-203
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4f3b65d612898026410efbd95c92754c7ede0e9e34b91b3fd8b552c5ac19d5f9
Source location: content.xml paragraph 1450
Stored source content
28-10-203. Requirement of survival by 120 hours under governing instruments.
Except as provided in § 28-10-206, 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 the event by 120 hours is deemed to have predeceased the event.
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Arkansas Code — all titles (historical 2020) · legal_authorities
28-10-206. Exceptions.
This subchapter does not apply if:
(1) 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;
(2) the governing instrument expressly indicates that an individual is not required to survive an event, including the death of another individual, by any specified period or expressly requires the individual to survive the event for a specified period;
(3) the imposition of 120-hour requirement of survival would cause a nonvested property interest or a power of appointment to be invalid under any rule against perpetuities; or
(4) the application of a 120-hour requirement of survival to multiple governing instruments would result in an unintended failure or duplication of a disposition.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-10-206
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 28-10-206. This identifies an authority to review, not proof of applicability.