Virginia Code 64.2-2203: Co-owners with right of survivorship; requirement of survival by 120 hours
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Except as provided in § 64.2-2205, if (i) it is not established by clear and convincing evidence that one of two co-owners with right of survivorship survived the other co-owner by 120 hours, one-half of the property passes as if one had survived by 120 hours and one-half as if the other had survived by 120 hours and (ii) there are more than two co-owners and it is not established by clear and convincing evidence that at least one of them survived the others by 120 hours, the property passes in the proportion that one bears to the whole number of co-owners.
Terms Used In Virginia Code 64.2-2203
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.