{"data":{"id":"us-ky/krs-397.1006","jurisdiction":"us-ky","citation":"KRS 397.1006","heading":"Exceptions in which specified survival requirement does not apply.","body":"Survival by one hundred twenty (120) hours is not required if:\n(1) The governing instrument contains language dealing explicitly with simultaneous\ndeaths or deaths in a common disaster and that language is operable under the facts\nof the case;\n(2) The governing instrument expressly indicates that an individual is not required to\nsurvive an event, including the death of another individual, by any specified period\nor expressly requires the individual to survive the event for a stated period, but\nsurvival of t he event or the specified period shall be established by clear and\nconvincing evidence;\n(3) The imposition of a one hundred twenty (120) hour requirement of survival would\ncause a nonvested property interest or a power of appointment to be invalid under\nthe rule against perpetuities, but survival shall be established by clear and\nconvincing evidence; or\n(4) The application of a one hundred twenty (120) hour requirement to multiple\ngoverning instruments would result in an unintentional failure or duplication  of a\ndisposition, but survival shall be established by clear and convincing evidence.","path":["KRS Chapter 397"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=36456","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:28Z","sha256":"d2a08ccdb7fe18f6aec4bbd1f8d3f449d2240bb3dbdf05ced18e78e5c2943fc4","source_id":"us-ky","stale":false,"prev":"us-ky/krs-397.1005","next":"us-ky/krs-397.1007"},"notice":"GroundRules: Original legal text. Not legal advice."}