What Happens to the Victim’s Money if a Beneficiary Is Murdered?

In the realm of law, the Slayer’s Rule (or Slayer’s Statute) is a fascinating and complex concept that plays a crucial role in inheritance law. This rule stipulates that if a person is murdered, that individual cannot inherit from the deceased, regardless of whether they were named as a beneficiary or left out entirely. This provision is designed to align with moral and legal principles, ensuring that those who commit such heinous acts do not benefit financially from the murder.

The Slayer’s Rule in Inheritance Law

Inheritance law is intricate and is often amended or clarified through the implementation of the Slayer’s Rule in many jurisdictions. This rule is particularly relevant when a beneficiary, named or not, is responsible for the testator's death. The rule’s objective is clear: to ensure that the murderer is barred from inheriting from the victim.

Common Scenarios Leading to Ineligibility to Inherit

Beyond the case of a murderer inheriting, there are other scenarios that trigger ineligibility to inherit:

The beneficiary predeceases the testator and the testator fails to update the will. A surviving family member challenges the will. Admixture or paternity challenges that reveal the apparent beneficiary is not actually a relation.

In such situations, the court can either modify the will to reflect the changed circumstances or invalidate the entire document. The ultimate outcome is that the estate is distributed according to the rules of intestate succession.

How the Slayer’s Rule Functions in Practice

Consider an example where a deceased's will specifies:

"My wife gets the house, the RV, and $500,000 of my savings, but the remainder of my estate goes to my child, Tom."

Suppose a legatee on the will, or perhaps the beneficiary of a trust, murders the testator. Under the Slayer’s Rule, any bequest intended for this murderer is void. The assets that would have gone to this legatee would be redistributed according to the provisions of the will, which in this case, would likely go to the remaining heirs or into the estate's residue.

The Scenario of a Millionaire Murdered by a Will Nominator

Suppose a millionaire is murdered by someone who was named on their will. The implications are significant:

The murderer, who stands to inherit under the will, would receive nothing. This aligns with the moral compulsion behind the rule. Depending on the local law, the inheritance might be distributed to the murderer's next of kin. However, this is often avoided due to the risk that these kin might use the inheritance to assist the murderer.

Role of Legal Advice in Preventing Inheritance from Murderers

To avoid such complications, a testator might include a clause in their will specifically addressing the scenario of a murderer inheriting. Consulting a knowledgeable attorney and including such a clause can provide additional security. For instance, the clause might state:

"In the event the testator’s death is the result of criminal actions on the part of a legatee, the bequests to that legatee are null and void and the bequest passes to another specified legatee or becomes a part of the residue of the estate and goes to the residual legatee."

Such a clause ensures that if a murderer is identified, the inheritance can be redirected in a fair and legal manner, aligning with the testator's intentions.

Escheat: When There Are No Inheritors

In the rare case where there are no potential inheritors, the deceased's property may escheat, meaning it is transferred to the state. This process, known as escheat, ensures that the property does not remain unclaimed. The order of succession in escheat varies by jurisdiction but typically involves the state gaining the property.

Conclusion

The Slayer’s Rule is a critical component of inheritance law designed to prevent those responsible for a testator's death from benefiting financially. It ensures that morality is upheld, and the legal process is consistent and fair. For testators concerned about such situations, seeking expert legal advice and including specific clauses in their wills can provide peace of mind and uphold their wishes.