What Happens When An Heir Is The Killer? The NY Slayer Statute Explained

The concept of inheritance is central to many people's end-of-life planning. However, what if

the person inheriting is the one who caused the decedent's death? New York’s Slayer Statute addresses this scenario, ensuring that murderers cannot benefit from their crimes by inheriting from the victim’s estate. This rule, deeply embedded in New York law, aims to prevent anyone from profiting from wrongdoing, maintaining both moral integrity and public policy within the estate administration process.

History of the Slayer Statute

Though New York does not have a specific "Slayer Statute" by name, the principle is rooted

in the landmark case Riggs v. Palmer, 115 N.Y. 506 (1889). In this case, a grandson murdered his grandfather to inherit under the Will.

The Court of Appeals held that the grandson could not benefit from the inheritance, stating:

“no one shall be permitted to profit by his own fraud, or to take advantage of his own wrong.”

This case established the foundation for the “No Profit” rule that disqualifies murderers from benefiting from their victim’s estate. The principle has been extended to other areas of inheritance, including Wills, life insurance policies, joint tenancies, and non-probate transfers.

How the Slayer Statute Works

The Slayer Statute prevents a person who intentionally kills someone from inheriting from

that individual’s estate. This rule applies to more than just the probate process:

• Wills: If a named beneficiary murders the decedent, they are treated as if they predeceased the victim, and the gift passes to an alternate beneficiary.

• Intestacy: If the killer is the decedent's closest relative, the estate passes to the next eligible relative under New York’s intestacy laws.

• Life Insurance & Retirement Accounts: The slayer is disqualified from receiving proceeds from these accounts, and benefits are directed to contingent beneficiaries or the estate.

• Joint Tenancy: If one joint tenant kills another, the joint tenancy is severed, and the slayer only retains their original share, not the victim’s share.

  
  

Cost and Availability of the SlayerStatute in Practice

The Slayer Statute has real-world applications that extend beyond the courtroom. It ensures

that Wills, life insurance policies, and even joint accounts are distributed fairly. While the Slayer Statute itself doesn’t require the payment of fees, it does help avoid costly and lengthy

disputes over inheritance rights. Without it, surviving family members could be forced into

complex litigation to prevent a murderer from profiting from their crime.

Understanding the Legal Process

A common misconception is that a criminal conviction for murder is necessary for the Slayer

Statute to apply. However, a civil court can independently determine whether the killing was “felonious and intentional.” The famous example of O.J. Simpson, who was acquitted in a criminal court but found liable for wrongful death in a civil court, illustrates this distinction.

Even without a criminal conviction, the civil court can bar the murderer from inheriting based on the preponderance of evidence.

Why the Slayer Statute Matters

The Slayer Statute plays a critical role in protecting both public policy and the decedent’s presumed intent. It ensures that no murderer can inherit from their victim, safeguarding the fairness of estate distribution. This principle not only prevents a miscarriage of justice but also deters potential heirs from committing murder for financial gain. It provides peace of mind to families, knowing that the rightful heirs will receive the estate, not the person who caused the death.

Estate Planning Considerations

The Slayer Statute highlights the importance of careful estate planning. By naming alternate beneficiaries in Wills, trusts, and insurance policies, individuals can ensure that their assets

are distributed according to their wishes, even if unforeseen tragedies occur. Regularly updating estate planning documents helps clarify intentions and minimizes the risk of

disputes.

When used as part of a comprehensive estate plan, the Slayer Statute provides peace of mind

and ensures that your legacy is passed on as intended, according to both legal and moral

standards.