Is an estate planning attorney I enjoy watching television murder mysteries. It’s like a game of Clue. I am often surprised however by the number of times I am asked the question can a person who commits a murder receive property under the will of the person that they have killed? Usually the person is smiling and laughing when they asked the question so I know that they aren’t scheming or making plans, rather they just want to know out of curiosity.
Idaho actually does have a specific law on this issue. It is found at Idaho Code § 15-2-803. Attorneys in Idaho commonly called this the “Slayer” statute. Essentially what this statute says in part is:
“Slayer” shall mean any person who participates, either as principal or as an accessory before the fact, in the willful and unlawful killing of any other person.
According to the statute:
No slayer shall in any way acquire any property or receive any benefit as a result of the death of the decedent, but such property shall pass as provided in the sections following.
The sections that follow state specifically:
The slayer shall be deemed to have predeceased the decedent as to property which would have passed from the decedent or his estate to the slayer under the statutes of descent and distribution or have been acquired by statutory right as surviving spouse or under any agreement made with the decedent. Property which would have passed to or for the benefit of the slayer by devise or legacy from the decedent shall be distributed as if he had predeceased the decedent.
Idaho Code § 15-2-803 (a), (b) and (c).
What the statute is saying is that it doesn’t really matter whether the decedent had a Last Will and Testament or not. If a person murders or slays a person, they will be giving up any right to receive any of the property from the decedent that would have normally gone to them.
But this is not all, the slayer also won’t receive any insurance benefits if they are named as the beneficiary of a life insurance policy covering the decedent. According to the statute:
Insurance proceeds payable to the slayer as the beneficiary or assignee of any policy or certificate of insurance on the life of the decedent, or as the survivor of a joint life policy, shall be paid instead to the estate of the decedent, unless the policy or certificate designate some person other than the slayer or his estate as secondary beneficiary to him and in which case such proceeds shall be paid to such secondary beneficiary in accordance with the applicable terms of the policy.
Idaho Code § 15-2-803 (j).
Again according to the statute:
The record of [the person’s] conviction of having participated in the wilful and unlawful killing of the decedent shall be admissible in evidence against a claimant of property in any civil action arising under this Part. This section shall not be considered penal in nature, but shall be construed broadly in order to effect the policy of this state that no person shall be allowed to profit by his own wrong, wherever committed.
Idaho Code § 15-2-803 (m) and (n).
Aside from being morally repugnant, and a crime, in Idaho it simply doesn’t pay to hurry a person’s death in an attempt to receive property or money from them.
If you have questions about your last will and testament, or the property that you will be leaving for others, we can help. Call us toll free at 877-232-6101 or 208-232-6101 for a consultation with Lane Erickson and the Racine Olson team of Estate Planning attorneys in Idaho. You can also email Lane Erickson directly at lve@racinelaw.net. We will answer your Idaho Estate Planning questions and will help you solve your Idaho Estate Planning problems.
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