Slayer rule
Encyclopedia
The slayer rule, in the common law
of inheritance
, is a doctrine that prohibits inheritance by a person who murder
s someone from whom he or she stands to inherit: e.g. a murderer does not inherit from parents they killed. The effect of the slaying was that the slayer would be treated as though he or she had died before the person who had been murdered.
While convicting someone of the crime of murder requires proof beyond a reasonable doubt
, the slayer rule applies to civil law, not criminal law, so it is only necessary to prove the wrongful killing by a preponderance of the evidence
, as in a wrongful death claim
. This means that even a slayer who is acquitted of the murder in criminal court can still be divested of the inheritance by the civil court administering the estate.
In the United States
, most jurisdictions have enacted a slayer statute, which codifies the rule and supplies additional conditions.
slayer rule is harsher than most other states. In addition to prohibiting murderers from inheriting from their victims, Maryland's slayer rule prohibits anyone else from inheriting from murder victims through their murderers; Maryland's Slayer Rule is thus similar in structure to Corruption of Blood.
Example:
A mother leaves her son $50,000, and leaves her son's child (her grandchild) $100,000. She leaves her residuary estate (i.e., whatever else is left of the estate) to her daughter. If the son kills his mother, then under Maryland law, the son's child will inherit the $100,000; however the son's $50,000 (which is also the indirect inheritance of the grandchild through his father), is not available under Maryland law to either the son, or his child. The $50,000 becomes part of the grandmother's residuary estate and goes to the daughter.
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
of inheritance
Inheritance
Inheritance is the practice of passing on property, titles, debts, rights and obligations upon the death of an individual. It has long played an important role in human societies...
, is a doctrine that prohibits inheritance by a person who murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
s someone from whom he or she stands to inherit: e.g. a murderer does not inherit from parents they killed. The effect of the slaying was that the slayer would be treated as though he or she had died before the person who had been murdered.
While convicting someone of the crime of murder requires proof beyond a reasonable doubt
Reasonable doubt
Proof beyond a reasonable doubt is the standard of evidence required to validate a criminal conviction in most adversarial legal systems . Generally the prosecution bears the burden of proof and is required to prove their version of events to this standard...
, the slayer rule applies to civil law, not criminal law, so it is only necessary to prove the wrongful killing by a preponderance of the evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
, as in a wrongful death claim
Wrongful death claim
Wrongful death is a claim in common law jurisdictions against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute...
. This means that even a slayer who is acquitted of the murder in criminal court can still be divested of the inheritance by the civil court administering the estate.
In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, most jurisdictions have enacted a slayer statute, which codifies the rule and supplies additional conditions.
Maryland slayer rule
The MarylandMaryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
slayer rule is harsher than most other states. In addition to prohibiting murderers from inheriting from their victims, Maryland's slayer rule prohibits anyone else from inheriting from murder victims through their murderers; Maryland's Slayer Rule is thus similar in structure to Corruption of Blood.
Example:
A mother leaves her son $50,000, and leaves her son's child (her grandchild) $100,000. She leaves her residuary estate (i.e., whatever else is left of the estate) to her daughter. If the son kills his mother, then under Maryland law, the son's child will inherit the $100,000; however the son's $50,000 (which is also the indirect inheritance of the grandchild through his father), is not available under Maryland law to either the son, or his child. The $50,000 becomes part of the grandmother's residuary estate and goes to the daughter.