{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/64.2-2205.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/64.2-2205.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/64.2-2205.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/64.2-2205.html"}],"law_id":55065,"edition_id":1,"section_id":55065,"structure_id":13990,"section_number":"64.2-2205","catch_line":"Exceptions","history":"1994, c. 475, \u00a7 64.1-104.6; 2012, c. 614.","full_text":"Survival by 120 hours is not required if:\n\n1\n\nThe governing instrument contains language dealing explicitly with (i) simultaneous deaths or deaths in a common disaster and that language is operable under the facts of the case, (ii) deaths under circumstances where the order of death cannot be established by proof, or (iii) the marital deduction, or the governing instrument contains a provision to or for the benefit of the decedent’s spouse where it is the decedent’s intent, as manifested from the governing instrument or external evidence, that the decedent’s estate receive the benefit of the federal estate tax marital deduction;2\n\nThe 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, including the death of another individual, for a specified period; but survival of the event, another individual, or the specified period shall be established by clear and convincing evidence;3\n\nThe imposition of a 120-hour requirement of survival would cause a nonvested property interest or a power of appointment to be invalid under the Uniform Statutory Rule Against Perpetuities (§§ 55.1-124 through 55.1-129); but survival shall be established by clear and convincing evidence; or4\n\nThe application of a 120-hour requirement of survival to multiple governing instruments would result in an unintended failure or duplication of a disposition; but survival shall be established by clear and convincing evidence.","order_by":null,"text":{"0":{"id":201951,"text":"Survival by 120 hours is not required if:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":201952,"text":"The governing instrument contains language dealing explicitly with (i) simultaneous deaths or deaths in a common disaster and that language is operable under the facts of the case, (ii) deaths under circumstances where the order of death cannot be established by proof, or (iii) the marital deduction, or the governing instrument contains a provision to or for the benefit of the decedent’s spouse where it is the decedent’s intent, as manifested from the governing instrument or external evidence, that the decedent’s estate receive the benefit of the federal estate tax marital deduction;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":201953,"text":"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, including the death of another individual, for a specified period; but survival of the event, another individual, or the specified period shall be established by clear and convincing evidence;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":201954,"text":"The imposition of a 120-hour requirement of survival would cause a nonvested property interest or a power of appointment to be invalid under the Uniform Statutory Rule Against Perpetuities (§§ 55.1-124 through 55.1-129); but survival shall be established by clear and convincing evidence; or","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":201955,"text":"The application of a 120-hour requirement of survival to multiple governing instruments would result in an unintended failure or duplication of a disposition; but survival shall be established by clear and convincing evidence.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"ancestry":[{"id":13990,"edition_id":1,"name":"Uniform Simultaneous Death Act","identifier":"22","label":"chapter","depth":3,"order_by":1,"parent_id":12920,"metadata":{},"date_created":"2026-06-26 03:46:31","date_modified":"2026-06-26 03:46:31","permalink":{"id":275731,"object_type":"structure","relational_id":13990,"identifier":"22","token":"64.2\/V\/22","url":"\/64.2\/V\/22\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12920,"edition_id":1,"name":"Provisions Applicable to Probate and Nonprobate Transfers","identifier":"V","label":"subtitle","depth":2,"order_by":1,"parent_id":12723,"metadata":{},"date_created":"2026-06-26 03:44:01","date_modified":"2026-06-26 03:44:01","permalink":{"id":275729,"object_type":"structure","relational_id":12920,"identifier":"V","token":"64.2\/V","url":"\/64.2\/V\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12723,"edition_id":1,"name":"Wills, Trusts, and Fiduciaries","identifier":"64.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":272781,"object_type":"structure","relational_id":12723,"identifier":"64.2","token":"64.2","url":"\/64.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":70873,"structure_id":13990,"section_number":"64.2-2200","catch_line":"Definitions","url":"\/64.2-2200\/","token":"64.2\/V\/22\/64.2-2200","metadata":false},{"id":70440,"structure_id":13990,"section_number":"64.2-2201","catch_line":"Requirement of survival by 120 hours for statutory rights","url":"\/64.2-2201\/","token":"64.2\/V\/22\/64.2-2201","metadata":false},{"id":74764,"structure_id":13990,"section_number":"64.2-2202","catch_line":"Requirement of survival by 120 hours under donative dispositions in governing instruments","url":"\/64.2-2202\/","token":"64.2\/V\/22\/64.2-2202","metadata":false},{"id":65643,"structure_id":13990,"section_number":"64.2-2203","catch_line":"Co-owners with right of survivorship; requirement of survival by 120 hours","url":"\/64.2-2203\/","token":"64.2\/V\/22\/64.2-2203","metadata":false},{"id":82199,"structure_id":13990,"section_number":"64.2-2204","catch_line":"Evidence of death or status","url":"\/64.2-2204\/","token":"64.2\/V\/22\/64.2-2204","metadata":false},{"id":55065,"structure_id":13990,"section_number":"64.2-2205","catch_line":"Exceptions","url":"\/64.2-2205\/","token":"64.2\/V\/22\/64.2-2205","metadata":false},{"id":71864,"structure_id":13990,"section_number":"64.2-2206","catch_line":"Protection of payors, bona fide purchasers, and other third parties; personal liability of recipient","url":"\/64.2-2206\/","token":"64.2\/V\/22\/64.2-2206","metadata":false},{"id":71433,"structure_id":13990,"section_number":"64.2-2207","catch_line":"Uniformity of application and construction","url":"\/64.2-2207\/","token":"64.2\/V\/22\/64.2-2207","metadata":false},{"id":79933,"structure_id":13990,"section_number":"64.2-2208","catch_line":"Effective date","url":"\/64.2-2208\/","token":"64.2\/V\/22\/64.2-2208","metadata":false}],"previous_section":{"id":82199,"structure_id":13990,"section_number":"64.2-2204","catch_line":"Evidence of death or status","url":"\/64.2-2204\/","token":"64.2\/V\/22\/64.2-2204","metadata":false},"next_section":{"id":71864,"structure_id":13990,"section_number":"64.2-2206","catch_line":"Protection of payors, bona fide purchasers, and other third parties; personal liability of recipient","url":"\/64.2-2206\/","token":"64.2\/V\/22\/64.2-2206","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/64.2-2205\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapter 475<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2012, chapter 614<\/a>.<\/p>","references":[{"id":70440,"section_number":"64.2-2201","catch_line":"Requirement of survival by 120 hours for statutory rights","order_by":null,"url":"\/64.2-2201\/"},{"id":74764,"section_number":"64.2-2202","catch_line":"Requirement of survival by 120 hours under donative dispositions in governing instruments","order_by":null,"url":"\/64.2-2202\/"},{"id":65643,"section_number":"64.2-2203","catch_line":"Co-owners with right of survivorship; requirement of survival by 120 hours","order_by":null,"url":"\/64.2-2203\/"}],"refers_to":[{"id":73807,"section_number":"55.1-124","catch_line":"Uniform Statutory Rule Against Perpetuities","order_by":null,"url":"\/55.1-124\/"},{"id":76055,"section_number":"55.1-129","catch_line":"Uniformity of application and construction","order_by":null,"url":"\/55.1-129\/"}],"permalink":{"id":275753,"object_type":"law","relational_id":55065,"identifier":"64.2-2205","token":"64.2\/V\/22\/64.2-2205","url":"\/64.2-2205\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/64.2-2205\/","token":"64.2\/V\/22\/64.2-2205","dublin_core":{"Title":"Exceptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 64.2-2205","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Survival by 120 hours is not required if:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The governing instrument<\/span> contains language dealing explicitly with (i) simultaneous deaths or deaths in a common disaster and that language is operable under the facts<\/span> of the case, (ii) deaths under circumstances where the order<\/span> of death cannot be established by proof, or (iii) the marital deduction, or the governing instrument<\/span> contains a provision to or for the benefit of the decedent’s spouse where it is the decedent’s intent<\/span>, as manifested from the governing instrument<\/span> or external evidence<\/span>, that the decedent’s estate receive the benefit of the federal estate tax marital deduction; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The governing instrument<\/span> 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, including the death of another individual, for a specified period; but survival of the event, another individual, or the specified period shall be established by clear and convincing evidence<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The imposition of a 120-hour requirement of survival would cause a nonvested property interest or a power of appointment to be invalid under the Uniform Statutory Rule Against Perpetuities (§§ 55.1-124<\/a> through 55.1-129<\/a>); but survival shall be established by clear and convincing evidence<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The application of a 120-hour requirement of survival to multiple governing instruments<\/span> would result in an unintended failure or duplication of a disposition<\/span>; but survival shall be established by clear and convincing evidence<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXCEPTIONS (\u00a7 64.2-2205)\n\nSurvival by 120 hours is not required if:\n\n1. The governing instrument contains language dealing explicitly with (i)\nsimultaneous deaths or deaths in a common disaster and that language is operable\nunder the facts of the case, (ii) deaths under circumstances where the order of\ndeath cannot be established by proof, or (iii) the marital deduction, or the\ngoverning instrument contains a provision to or for the benefit of the\ndecedent’s spouse where it is the decedent’s intent, as manifested\nfrom the governing instrument or external evidence, that the decedent’s\nestate receive the benefit of the federal estate tax marital deduction;\n\n2. The governing instrument expressly indicates that an individual is not\nrequired to survive an event, including the death of another individual, by any\nspecified period or expressly requires the individual to survive the event,\nincluding the death of another individual, for a specified period; but survival\nof the event, another individual, or the specified period shall be established\nby clear and convincing evidence;\n\n3. The imposition of a 120-hour requirement of survival would cause a nonvested\nproperty interest or a power of appointment to be invalid under the Uniform\nStatutory Rule Against Perpetuities (§§ 55.1-124 through 55.1-129);\nbut survival shall be established by clear and convincing evidence; or\n\n4. The application of a 120-hour requirement of survival to multiple governing\ninstruments would result in an unintended failure or duplication of a\ndisposition; but survival shall be established by clear and convincing evidence.\n\nHISTORY: 1994, c. 475, \u00a7 64.1-104.6; 2012, c. 614.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}