Slayer rule
From Wikipedia, the free encyclopedia
The slayer rule, in the common law of inheritance, is a doctrine that prohibits inheritance by a person who murders someone from whom they stand to inherit. The effect of the slaying was that the slayer would be treated as though they had died before the person who had been murdered. The wrongful killing need only be proved by a preponderance of the evidence, as in the case of a wrongful death claim. If the slayer were later convicted of the murder, that would conclusively divest them of their interest; but if the slayer were acquitted of the murder, the court could still weigh the evidence and determine whether or not they should be divested.
In the United States, most jurisdictions have enacted a slayer statute, which codifies the rule and supplies additional conditions.
[edit] Maryland Slayer Rule
The Maryland Slayer Rule is a bit harsher than most other states. In Maryland, neither the murderer nor his direct issue may benefit from the killing.
Example:
A mother leaves her son $50,000, leaves her son's child $100,000, and leaves her residuary estate to her daughter. If the son kills his mother, then under Maryland law, neither the son nor his child will take. Both the son and the son's child will be treated as if they pre-deceased the mother, and thus the entire state will go to the daughter.
