Florida Probate Litigation Lawyer Blog
Chapter 732, section 802 of the Florida Statutes has a very ominous nickname: “The Slayer Statute.” So, what exactly does it mean and when does it apply?
The Statute states “A surviving person who unlawfully and intentionally kills or participates in procuring the death of the decedent is not entitled to any benefits under the will or under the Florida Probate Code, and the estate of the decedent passes as if the killer had predeceased the decedent.” In other words, if someone is involved in causing the death of another, they will not be able to inherit anything from that person. While this is a self-explanatory law on its face, it is quite complex under the surface.
First, the death at issue must be unlawful and intentional. The homicide must be intentionally carried out and not merely an accident. This means that the killer must commit certain actions to cause the death and have a culpable mental state.
In other words, an accidental homicide that occurred during a lawful act without culpable intent would not trigger the Slayer Statute. For example, an accidental death caused by a car accident or an accidental shooting of another person that occurs while out hunting would likely not trigger the Slayer Statute.
However, if someone unlawfully and purposefully murders another person, the killer cannot benefit from or receive any property left behind by the decedent. This means that a murderer who was named as a beneficiary in the decedent’s will would not be allowed to receive anything the decedent intended to leave them. So, how do you prove this in court?
If the murderer is prosecuted in a criminal case, “a final judgment of conviction of murder in any degree is conclusive” evidence to prevent the killer from benefiting from the decedent’s estate. This means the criminal conviction for murder is enough even if the killing was not premeditated.
If there is no criminal conviction, “the court may determine by the greater weight of the evidence whether the killing was unlawful and intentional.” In a case where someone is suspected to have killed someone and is attempting to inherit property from the decedent, the suspected killer can be barred from the inheritance if it is proven by the greater weight of the evidence that they are responsible for the person’s death.
A killer may still be prohibited from receiving anything from the estate of the decedent even if they did not kill the person themself. The law holds one who “participates in procuring the death of the decedent” responsible as well. For example, someone who hires a hitman to kill the decedent likely cannot take anything from the decedent’s estate either.
The slayer statute applies to wills, jointly held assets like bank accounts, bonds, life insurance policies, contractual agreements, and other co-owned property. If it is proven that the beneficiary of these assets killed the decedent, this property would pass on as if the slayer themselves had died before the decedent.
In Fiel v. Hoffman, a wife killed her husband and caused her mother-in-law’s death so she would obtain her husband’s fortune when he died. The wife was convicted of her husband’s murder, and therefore prohibited from inheriting anything from her husband upon his death.
Florida’s Fourth District Court of Appeal also decided that the Slayer Statute does not extend to disinherit the children or grandchildren of the slayer. In this case, the wife who murdered her husband had a daughter from another marriage who had two sons. Her husband planned to leave his wife’s daughter $150,000 and leave the residue in trust for his grandchildren if his mother and wife predeceased him. Because his mother had passed away and his wife was his slayer (and in the eyes of the law she was treated as if she had predeceased him), the money could still go to the wife’s daughter and the residue could still pass to his grandchildren. Absent any evidence the daughter or grandchildren were involved in the murder, they were still allowed to benefit from the decedent’s estate. 169 So. 3d 1274 (Fla. 4th DCA 2015).
It is important to speak to a Miami probate litigation attorney if you wish to challenge a will for any reason, including the ability of a beneficiary to take under the will if you suspect them to have had a part in the decedent’s death. The experienced probate lawyers at Chepenik Trushin LLP can help you understand Florida’s beneficiary disqualification laws and decide if the laws apply to your specific situation.
