Slayer Rule /ˈsleɪ.ɚ ruːl/

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Reviewed By Bryan Driscoll

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Slayer Rule Definition

The slayer rule is a legal doctrine in the United States that prevents a person who unlawfully causes the death of another from benefiting from the victim’s estate. This rule is designed to uphold public policy by ensuring that an individual cannot profit from their wrongdoing. It applies in both probate and trust matters, disqualifying the perpetrator from receiving any inheritance or financial benefit that would otherwise come to them as a beneficiary.

Elements of the Slayer Rule

To invoke the slayer rule, the following elements must generally be established:

  • Unlawful Killing: The defendant must have intentionally or recklessly caused the death of the decedent.
  • Causation: There must be a direct causal link between the defendant’s actions and the death.
  • Legal Prohibition: The beneficiary’s claim to the estate is disqualified by statute or common law.
  • Intent or Recklessness: Evidence must show that the defendant acted with criminal intent or gross negligence.

These elements ensure that the rule is applied only when a death is directly caused by the beneficiary’s wrongful conduct.

Slayer Rule Examples

Examples of the slayer rule in practice include:

  • A family member who intentionally murders a relative is barred from inheriting any part of that relative’s estate.
  • In a case where a beneficiary’s actions indirectly lead to a death, courts may apply the rule if the wrongful conduct is sufficiently proven.
  • Disputes in probate courts often involve slayer rule claims when a beneficiary is implicated in the decedent’s death.

Slayer Rule Exceptions

While the slayer rule is strict, some exceptions may apply. For instance, if the connection between the wrongful act and the beneficiary’s inheritance is ambiguous, or if the beneficiary’s role in the death is minimal, a court might consider modifying the application of the rule. However, such exceptions are rare and highly dependent on the facts and jurisdiction.

Proving the Slayer Rule

Proving the slayer rule involves presenting clear evidence that the beneficiary caused the death through unlawful means. This may include:

  • Testimony from witnesses
  • Forensic evidence linking the beneficiary to the death
  • Circumstantial evidence showing motive and opportunity
  • Expert testimony on the nature of the wrongful act The standard of proof is typically clear and convincing, as the consequences of applying the slayer rule are severe.

Slayer Rule Jurisdictions

The application of the slayer rule varies by state. Most states have statutes or case law that enforce the rule, though the specific language and requirements can differ. Some states apply the rule strictly, while others may allow limited exceptions under certain circumstances.

Slayer Rule Claims Process

The claims process for invoking the slayer rule usually occurs in probate or estate proceedings. A party seeking to disinherit a beneficiary based on the slayer rule must file a formal claim with the probate court. The court then reviews the evidence and determines whether the rule applies. If successful, the beneficiary is barred from receiving any inheritance, and the estate is distributed accordingly.

Understanding the slayer rule, including its definition, elements, examples, exceptions, evidentiary requirements, jurisdictional variations, and claims process, is essential for ensuring that wrongful beneficiaries do not profit from their misconduct.

Note: This content was generated with AI and edited and fact-checked by ConsumerShield editors.

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