Devisee who does not survive testator by 120 hours treated as predeceasing testator
If someone is set to receive something in a will, but they die within 120 hours (5 days) of the person who wrote the will, the law treats them as if they died first. This means they do not get what was left to them. This rule does not apply if the will already has special instructions about what happens when two people die close together or at the same time.
474.455. who does not survive by 120 hours treated as predeceasing testator — exceptions. — A devisee who does not survive the testator by one hundred twenty hours is treated as if he the testator, unless the will of contains some language dealing explicitly with simultaneous deaths or deaths in a , or requiring that the devisee survive the testator or survive the testator for a stated period in to take under the will.
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Source & history notes
(L. 1980 S.B. 637) Effective 1-01-81
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.