MBE Rules · Wills, Trusts & Estates

Slayer Rule

Cal. Prob. Code § 250

The rule

A person who feloniously and intentionally kills the decedent forfeits all benefits under the will, intestacy, and nonprobate transfers; the estate passes as if the killer predeceased, and a criminal conviction is conclusive.

In plain English

The Slayer Rule prevents someone who has intentionally killed another person from inheriting anything from that person's estate. Essentially, the law treats the killer as if they had died before the victim, ensuring they cannot benefit from their crime.

Worked example

John intentionally kills his wealthy uncle, who had named him as the sole beneficiary in his will. Under the Slayer Rule, John forfeits all rights to his uncle's estate, and it will be distributed as if John had predeceased him. Therefore, the estate will go to John's uncle's other relatives instead.

Memory hook

Killers can't cash in on their crimes!

The trap

Exams may present scenarios where the killer claims they acted in self-defense or under duress, which can confuse students about the application of the Slayer Rule. Remember, intentionality is key for the rule to apply.

How examiners test it

Questions often involve a fact pattern where a beneficiary is implicated in the death of the decedent, requiring students to analyze the implications of the Slayer Rule on inheritance rights.

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