(755 ILCS 5/3-1)
(from Ch. 110 1/2, par. 3-1)
No sufficient evidence of survivorship.) If the title to property
or its devolution depends upon priority of death and there is no sufficient
evidence that the persons have died otherwise than simultaneously and there is
no other provision in the will, trust agreement, deed, contract of insurance or
other governing instrument for distribution of the property different from the
provisions of this Section:
(a) The property of each person shall be disposed of as if he had survived.
(b) If 2 or more beneficiaries are designated to take successively by reason
of survivorship under another person's disposition of property, the property
so 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 if each designated beneficiary had survived.
(c) If 2 persons hold title to property as joint tenants, the property shall
be distributed 1/2 as if one had survived and 1/2 as if the other had survived.
If there are more than 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.
(d) If the insured and the beneficiary of a policy of life or accident
insurance have so died, the proceeds of the policy shall be distributed as if
the insured had survived the beneficiary.
(Source: P.A. 79-328.)