Missouri Revised Statutes, Chapter 471 — Uniform Simultaneous Death Law

Current through the 2025 Cumulative Supplement to the 2016 Revised Statutes of Missouri.

Uncertified and unofficial text published by the Missouri Revisor of Statutes.

Title XXXI Trusts and Estates of Decedents and Persons Under Disability

Chapter 471 Uniform Simultaneous Death Law

§ 471.010 No sufficient evidence of survivorship

Where the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, as determined by a court of competent jurisdiction, the property of each person shall be disposed of as if he had survived, except as provided otherwise in this law.

(L. 1947 V. I p. 13 § 1)

§ 471.020 Survival of beneficiaries

If property is so disposed of that the right of a beneficiary to succeed to any interest therein is conditional upon his surviving another person, and both persons die, and there is no sufficient evidence that the two have died otherwise than simultaneously, the beneficiary shall be deemed not to have survived. If there is no sufficient evidence that two or more beneficiaries have died otherwise than simultaneously and property has been disposed of in such a way that at the time of their death each of such beneficiaries would have been entitled to the property if he had survived the others, the property shall be divided into as many equal portions as there were such beneficiaries and these portions shall be distributed respectively to those who would have taken in the event that each of such beneficiaries had survived.

(L. 1947 V. I p. 13 § 3, A.L. 1959 S.B. 120)

§ 471.030 Joint tenants or tenants by entirety

Where there is no sufficient evidence that two joint tenants or tenants by the entirety have died otherwise than simultaneously the property so held shall be distributed one-half as if one had survived and one-half as if the other had survived. If there are more than two joint tenants and all of them have so died the property thus distributed shall be in the proportion that one bears to the whole number of joint tenants. The term "joint tenants" includes owners of property held under circumstances which entitled one or more to the whole of the property on the death of the other or others.

(L. 1947 V. I p. 13 § 3, A.L. 1959 S.B. 120)

§ 471.040 Insurance policies

Where the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.

(L. 1947 V. I p. 13 § 4, A.L. 1959 S.B. 120)

(1963) Evidence sufficient to support finding that beneficiary survived insured after both were fatally injured in same automobile accident. Prudential Ins. Co. of America v. Sutton (A.), 368 S.W.2d 522.

§ 471.050 Law not retroactive

This law shall not apply to the distribution of the property of a person who has died before it takes effect.

(L. 1947 V. I p. 13 § 5)

§ 471.060 Law does not apply if decedent provides otherwise

This law shall not apply in the case of wills, living trusts, deeds or contracts of insurance or any other situation where provision is made for distribution of property different from the provisions of this law, or where provision is made for a presumption as to survivorship which results in a distribution of property different from that here provided.

(L. 1947 V. I p. 13 § 6, A.L. 1959 S.B. 120)

§ 471.070 Uniformity of interpretation

This law shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact it.

(L. 1947 V. I p. 13 § 7)

§ 471.080 Short title

This law may be cited as "The Uniform Simultaneous Death Law".

(L. 1947 V. I p. 13 § 8)