This subchapter does not apply if:
(1) the governing instrument contains language dealing explicitly with simultaneous deaths or deaths in a common disaster and that language is operable under the facts of the case;
(2) 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 for a specified period;
(3) the imposition of 120-hour requirement of survival would cause a nonvested property interest or a power of appointment to be invalid under any rule against perpetuities; or
(4) the application of a 120-hour requirement of survival to multiple governing instruments would result in an unintended failure or duplication of a disposition.
Structure Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 2 - Descent And Distribution
Chapter 10 - Uniform Simultaneous Death Act
Subchapter 2 - Uniform Simultaneous Death Act (2005)
§ 28-10-202. Requirement of survival by 120 hours under probate code
§ 28-10-203. Requirement of survival by 120 hours under governing instruments
§ 28-10-204. Co-owners with right of survivorship — Requirement of survival by 120 hours
§ 28-10-205. Evidence of death or status
§ 28-10-208. Uniformity of application and construction