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 by 120 hours treated as predeceasing testator — . — A devisee who does not survive the testator by one hundred twenty hours is treated as if he the testator, unless the 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
Related Missouri laws
Encumbrance does not revoke devise
RSMo 474.450
Testator surviving devisee, effect
RSMo 474.460
Exchange of securities not to adeem specific legacy
RSMo 474.463
Failure of devise to become part of residue
RSMo 474.465
Bond to convey does not revoke devise
RSMo 474.440
Rule in Shelley's case abolished, effect
RSMo 474.470
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.