4.7 Special Situations
What about those special situations in which there may be a discrepancy on who died first in an accident involving multiple deaths?
Who gets what depends on who died first and who died last.
The Uniform Simultaneous Death Act was enacted to alleviate the problem of simultaneous death when the will doesn't specify what to do upon a simultaneous death. Insurers developed the Common Disaster provision to offer insureds greater control over payment of the policy proceeds.
Other clauses or provisions can be used to facilitate unusual circumstances as well, such as the spendthrift trust clause and the facility-of-payment provision.
