Simultaneous Death (USDA)
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Wills & Succession · Lesson 14
Simultaneous Death (USDA)
這一課問的是：立遺囑人與受贈人同時死亡時誰取得？
ActorActObjectStandardConsequence
Core Terminology · 7 must-know
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USDA
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Uniform Simultaneous Death Act.
統一同時死亡法。
120-hour rule
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Beneficiary must survive 120 hours.
120 小時規則。
clear and convincing evidence
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Standard for proving survival.
明確且令人信服之證據。
contrary intent
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Will may displace USDA.
相反意圖。
Rule Sentence · the workhorse
Under the Uniform Simultaneous Death Act, a beneficiary who fails to survive the decedent by 120 hours is treated as having predeceased the decedent for purposes of intestate succession and will provisions; the will may displace this default by contrary intent.
Mini IRAC · build the Application
Issue. Who takes T's $100,000 gift to A when T and A died in the same car accident, with A surviving T by only 6 hours?
Rule. Under USDA, a beneficiary failing to survive the decedent by 120 hours is treated as having predeceased.
Application (model). A survived T by only 6 hours — less than the 120-hour USDA threshold. Because USDA treats a beneficiary who fails to survive the decedent by 120 hours as having predeceased the decedent, the fact that A survived T by only 6 hours means A is treated as having predeceased T.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, A's gift fails (subject to anti-lapse) and may pass to A's descendants or fall to the residue.
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: