If a person murdered another person, will he be entitled to receive his share under the will left by such other person?

Full question:

Our eldest son murdered my husband. In my husband’s will, 30 % of his estate goes to our eldest son. Will he still be entitled to receive his share under my husband’s will?

• Category: Wills and Estates
• Date: 04/07/2025
• State: Mississippi

Answer:

No. Because your eldest son caused the death of your husband, any bequest in his name under your husband’s will may be considered void in Mississippi.
The law states that if a person willfully causes the death of another, then he may not be entitled to take to the property (whole or any part) of the other person under any will, testament or codicil. Any bequest made to such person in the will be void, as to the property so bequeathed, the deceased would be considered to have died intestate.

Miss. Code Ann. § 91-5-33 reads:
 

“If any person shall wilfully cause or procure the death of another in any manner, he shall not take the property, or any part thereof, real or personal, of such other under any will, testament, or codicil. Any devise to such person shall be void and, as to the property so devised, the decedent shall be deemed to have died intestate.
This shall not defeat the title of a bona fide purchaser for value of the property so devised, who acquired the same after one year from the probation of the will without notice that the person to whom the same was devised so caused or procured the death of the testator.”