Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
In Delaware, the slayer statute disqualifies an individual from inheriting from a decedent’s estate if that individual unlawfully and intentionally kills the decedent. Under 12 Del. C. § 1701, a person who is convicted of murder, or against whom a civil court issues a finding of wrongful death, is treated as if they predeceased the victim. As a result, the slayer cannot receive any portion of the victim’s estate, whether by will, intestate succession, joint tenancy, life insurance beneficiary designation, or other means.
Key effects include:
- The disqualified heir is deemed to have died before the decedent for purposes of calculating inheritances.
- The inheritance share that would have gone to the slayer passes instead to the slayer’s descendants or, if none, to other heirs under the normal order of intestate succession (see 12 Del. C. §§ 901–911).
- If the slayer held property jointly with the decedent, the joint tenancy is severed, and the slayer’s interest is redistributed as if the slayer had predeceased.
- No portion of any insurance proceeds or retirement benefits passes to the slayer if they were designated as beneficiary of the decedent.
Example: Alice dies without a will and leaves three heirs: her child, Bob; her sibling, Carol; and her niece, Dana. If Bob is convicted of murdering Alice, Bob is deemed to have predeceased her. Carol and Dana divide Alice’s estate equally under intestate succession.
To apply the statute, a probate court will review criminal convictions or civil judgments. If the court determines the slayer disqualified, the estate distribution is recalculated without the slayer’s share. 12 Del. C. § 1701 provides the full text and exceptions.
Helpful Hints
- Review the exact language of 12 Del. C. § 1701 to understand qualifying conduct.
- Note that both criminal convictions and civil wrongful-death findings can trigger disqualification.
- Gather evidence—court records, police reports, judgments—to support or dispute an application of the slayer statute.
- Consider how disqualification affects joint tenancy, beneficiary designations, and life insurance proceeds.
- Consult a probate attorney to ensure correct interpretation of Delaware’s intestate succession rules (12 Del. C. §§ 901–911).
- Remember that this statute does not apply to accidental or negligent killings unless civilly adjudicated as wrongful death.
- If you face or contest a slayer statute claim, act quickly; probate distribution delays can be significant.