One of the fundamental principles of inheritance law is that no one should profit from their own wrongdoing. In California, the Slayer Statute plays a critical role in estate planning.

What Does the Slayer Statute Provide?

A person who “feloniously and intentionally” kills another person is not entitled to receive any property, interest, or benefit as a result of the death. In other words, the killer is treated as if they predeceased the victim.

This disqualification applies broadly, including:

  • Inheritances under a will
  • Distributions under a revocable living trust
  • Intestate succession (when there is no will or trust)
  • Life insurance proceeds
  • Joint tenancy interests
  • Community property interests passing upon death

The statute requires that the killing be both intentional and felonious. A criminal conviction generally establishes this. However, even if there is no criminal conviction (due to death of the accused or lack of prosecution), a probate court may determine whether the killing was intentional and felonious for purposes of inheritance only.

How It Affects Living Trusts

Many Californians utilize revocable living trusts to avoid probate and streamline the administration of their estates. However, the Slayer Statute applies equally to trust distributions.

If a beneficiary of a living trust intentionally and feloniously causes the death of the trustor, that beneficiary is deemed to have predeceased the trustor. The trust assets will then pass according to any contingent provisions of the trust. This makes proper drafting of alternate beneficiary provisions especially important.

For example, if a surviving spouse is named as the primary beneficiary and that spouse is disqualified under the Slayer Statute, the trust must clearly state who receives the property next. Without well-drafted contingent beneficiaries, administration can become complicated, time consuming, costly, and may result in unintended distributions.

Practical Estate Planning Considerations

While most clients understandably never anticipate such extreme circumstances, the Slayer Statute underscores several key estate planning principles:

  1. Always Name Contingent Beneficiaries.
    Properly drafted trusts and wills should account for beneficiaries predeceasing the decedent — whether by natural causes or by operation of law under the Slayer Statute.
  2. Include Clear Survivorship Provisions.
    Many estate plans include 30-day or 60-day survival requirements. These provisions can work in tandem with the Slayer Statute to ensure orderly administration.
  3. Coordinate Non-Probate Assets.
    Beneficiary designations on retirement accounts and life insurance policies are also subject to the Slayer Statute. Estate planning should ensure consistency across all assets.
  4. Understand Community Property Implications.
    In California, community property rules may be affected when one spouse wrongfully kills the other. The statute can sever survivorship rights and alter distribution of marital assets.

Conclusion

The California Slayer Statute reflects a long-standing legal and moral principle: a wrongdoer should not profit from their misconduct. For estate planning attorneys and clients alike, understanding how the Slayer Statute operates is essential to drafting effective wills and living trusts.

Although the circumstances addressed by the Slayer Statute are rare, thoughtful planning, including clear contingent beneficiary designations and well-structured trust provisions, ensures that a decedent’s wishes are honored and that assets pass as intended, even in the most unexpected situations.