Washington Code 11.05A.060 – Exceptions
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This chapter does not apply if:
Terms Used In Washington Code 11.05A.060
- Common disaster: A sudden and extraordinary misfortune that brings about the simultaneous or near-simultaneous deaths of two or more associated persons, such as husband and wife.
(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 stated period;
(3) The imposition of a one hundred twenty-hour requirement of survival would cause a nonvested property interest or a power of appointment to be invalid under RCW 11.98.130 through 11.98.160; or
(4) The application of this chapter to multiple governing instruments would result in an unintended failure or duplication of a disposition.
[ 2007 c 475 § 12.]