A devisee who does not survive the testator by five days is treated as if he predeceased the testator, unless the will of decedent contains some language dealing explicitly with simultaneous deaths or deaths in a common disaster, or requiring that the devisee survive the testator or survive the testator for a stated period in order to take under the will.
Structure Code of Alabama
Title 43 - Wills and Decedents' Estates.
Article 8 - Construction of Wills.
Section 43-8-220 - Requirement That Devisee Survive Testator by Five Days.
Section 43-8-221 - Choice of Law as to Meaning and Effect of Wills.
Section 43-8-222 - Controlling Effect of Intention of Testator.
Section 43-8-223 - Construction of Will to Pass All Property, Including After-Acquired Property.
Section 43-8-224 - Anti-Lapse Provision; Applicability to Deceased Devisees and to Class Gifts.
Section 43-8-225 - Effect of Failure of Testamentary Provisions.
Section 43-8-226 - Specific Devise of Securities; Change in Securities; Accessions; Nonademption.
Section 43-8-228 - Nonexoneration.