We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
What is the Slayer Rule? A Deep Dive into Its Legal Definition
Definition & Meaning
The slayer rule is a legal principle in trusts and estates law that prevents a person who has intentionally killed another from inheriting any property from the victim's estate. This rule operates under the assumption that the murderer has disclaimed their right to any inheritance, effectively treating them as if they had died before the victim. The slayer rule is applicable only in cases of intentional and felonious killings, requiring evidence of the wrongful act.
Table of content
Legal Use & context
The slayer rule is primarily used in the areas of trusts and estates law. It serves to uphold the integrity of inheritance laws by ensuring that individuals who commit serious crimes, such as murder, do not benefit from their actions. Legal practitioners may encounter this rule when dealing with wills, trusts, and intestate succession cases. Users can manage related legal matters with the help of templates from US Legal Forms, which provide guidance on creating wills and trusts that comply with the slayer rule.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: If a person murders their partner, they cannot inherit any property from the partner's estate, including any benefits from a will or trust. This applies even if the partner had named them as a beneficiary.
Example 2: A person who kills a family member will be barred from receiving any property through intestate succession, meaning they cannot claim any assets that would have passed to them if the family member had died without a will. (hypothetical example)
Relevant laws & statutes
One significant statute is California Probate Code § 250, which outlines that a person who feloniously and intentionally kills a decedent is not entitled to inherit any property from the decedent's estate, including wills and trusts. Similar provisions exist in many other states, reflecting the common law principle of the slayer rule.
State-by-state differences
State
Key Provisions
California
Explicitly bars inheriting from wills and trusts if the killing is intentional.
New York
Follows similar principles, where a convicted murderer cannot inherit from the victim.
Texas
Has a slayer statute that disallows inheritance from the estate of the victim.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Slayer Rule
Prevents a murderer from inheriting from their victim.
Specifically applies to intentional killings.
Probate
The legal process of administering a deceased person's estate.
Broader term, includes all aspects of estate management.
Intestate Succession
The process by which property is distributed when someone dies without a will.
Can include heirs who are not barred by the slayer rule.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation where the slayer rule may apply, it is crucial to consult a legal professional who can provide guidance based on your specific circumstances. If you are looking to create or amend a will or trust, consider using US Legal Forms for templates that comply with the slayer rule, ensuring your documents are legally sound.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.