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Disclaimer: This article is for educational purposes and is not legal advice. Consult a qualified attorney.

What Is Maryland’s Slayer Statute?

Under Maryland law, a person who unlawfully and intentionally kills a decedent cannot inherit from that decedent’s estate. The legal provisions appear in Md. Code Ann., Estates & Trusts § 3-903 and § 3-904.

Application in Testate and Intestate Succession

Testate Succession (Wills)

Md. Code Ann., Estates & Trusts § 3-903(b) treats a slayer as having predeceased the testator. If John Doe is named in Jane Doe’s will but intentionally kills her, John is deemed to have died before her. Any gift to John lapses and passes under the residuary clause or by intestacy if no residuary clause exists. See https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=et&section=3-903

Intestate Succession (No Will)

Under Md. Code Ann., Estates & Trusts § 3-904(b), an heir who kills the decedent is treated as if they predeceased the decedent. That heir loses any right to share in the estate. The estate distributes as if the heir does not exist. See https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=et&section=3-904

Procedure and Burden of Proof

A personal representative or interested party may petition the probate court to invoke the slayer statute. The court applies a preponderance of the evidence standard to determine whether the heir acted unlawfully and intentionally.

Impact on Estate Planning and Litigation

Individuals facing allegations under the slayer statute should engage counsel promptly. Executors should evaluate evidence before distributing assets to avoid personal liability. Thoughtful estate planning can include no-contest clauses or trust provisions to address potential disputes.

Helpful Hints

• Gather evidence early: police reports, witness statements and forensic records.
• Observe probate timelines to file petitions or objections.
• Consult an attorney experienced in Maryland probate and trust law.
• Review existing wills and trusts for slayer clauses or forfeiture provisions.
• Consider mediation or arbitration to resolve disputes efficiently.