Simultaneous Death of Mississippi Will Beneficiaries

Mississippi has enacted the uniform simultaneous death law, which provides what happens in the event that two beneficiaries die simultaneously. The effect of these provisions can be amended by a Mississippi Will and Testament. The contents of the law is found in chapter 3, title 91 of the Mississippi code:
SEC. 91-3-5. Disposition of property in absence of evidence of survivorship. Where the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he had survived, except as provided otherwise in this chapter. SEC. 91-3-7. Beneficiaries of another person’s disposition of property. Where two (2) or more beneficiaries are designated to take successively by reason of survivorship under another person’s disposition of property and there is no sufficient evidence that these beneficiaries have died otherwise than simultaneously, the property thus disposed of shall be divided into as many equal portions as there are successive beneficiaries and these portions shall be distributed respectively to those who would have taken in the event that each designated beneficiary had survived. SEC. 91-3-9. Joint tenants or tenants by the entirety. Where there is no sufficient evidence that two (2) joint tenants have died otherwise than simultaneously the property so held shall be distributed one half ( 1 /2 ) as if one had survived and one half ( 1 /2 ) as if the other had survived. If there are more than two (2) joint tenants and all of them have so died the property thus distributed shall be in the proportion that one bears to the whole number of joint tenants. SEC. 91-3-11. Insurance policies or contracts. Where the insured and the beneficiary in a policy of life or accident insurance have died and there is insufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary. SEC. 91-3-13. Chapter not to apply to persons dying before effective date. This chapter shall not apply to the distribution of the property of a person who has died before July 1, 1956. SEC. 91-3-15. Provision in will, etc., rendering chapter inapplicable. This chapter shall not apply in the case of wills, living trusts, deeds, contracts of insurance or other contracts wherein provision has been made for distribution of property different from the provisions of this chapter.

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