New Jersey § 3b:3-32

§ 3b:3-32.

a. Except as provided in subsections b. and c., for purposes of construing a will,

trust agreement, or other governing instrument, an individual who is not established

by clear and convincing evidence to have survived an event, including the death of

another individual, by 120 hours is deemed to have predeceased the event. b. If 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. c. If 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. d. The 120 hour survival requirement of subsections a., b. and c. shall not apply

if: (1) the will, trust agreement, or other governing instrument, contains some language

applicable to the event dealing explicitly with simultaneous deaths or deaths in a

common disaster, or requiring survival for a stated time period; (2) application

would cause a non-vested property interest or power of appointment to be invalid under

a rule against perpetuities concerning an interest created prior to the enactment

of P.L. 1999, c. 159 (effective on July 8, 1999); or (3) it is established by clear and convincing evidence

that application to multiple governing instruments would result in an unintended failure

or duplication of a disposition. e. For purposes of this section, “ co-owners with right of survivorship ” includes joint tenants, tenants by the entireties, and other co-owners of property

or accounts held under circumstances that entitle one or more to the whole of the

property or account on the death of the other or others. To the extent this section is inconsistent with the “Uniform Simultaneous Death Law”

( N.J.S.3B:6-1 et seq. ), the provisions of this section shall apply.