Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.
Detailed Answer
What Is the Hawaii Slayer Statute?
Under Hawaii law, a person who unlawfully and intentionally kills a decedent cannot inherit from that person’s estate. Hawaii Revised Statutes §560:3-803 (HRS §560:3-803) provides that the killer is treated as if they predeceased the victim. This disinheritance applies to intestate succession, wills, trusts, and other means of transfer by estate administration.
Application in Intestate Succession
If the decedent died without a valid will, the slayer statute bars the killer from receiving an intestate share. The killer’s share passes to the next class of heirs under HRS §560:2-104. For example, if a parent unlawfully kills the other parent, the killer cannot inherit the decedent’s one-half community property or separate property.
Impact on Wills and Trusts
The statute also voids any gift, devise, or distribution under a will or trust that benefits the killer. The disinherited share passes as if the killer had died before the testator or settlor. Estate administrators then follow the residual clause or the rules of intestacy to distribute the property.
Burden of Proof
To invoke the slayer statute, a court requires clear and convincing evidence that the heir committed the unlawful, intentional killing. The probate judge reviews evidence from police reports, witness statements, and expert testimony. If the court finds the slayer statute applies, it issues an order disqualifying the killer and reallocating the inheritance.
Exceptions and Defenses
Certain circumstances may defeat the slayer statute claim, including:
- Self-defense or defense of others
- Accident or lack of intent
- Insanity or lack of mental capacity
If an heir successfully proves one of these defenses, the court may allow them to inherit.
Hypothetical Example
Suppose Alice fatally shoots her father in a deliberate act. A probate court will apply HRS §560:3-803, treat Alice as if she died before her father, and distribute his estate to the remaining heirs. Alice receives nothing, even if her father’s will named her as sole beneficiary.
Helpful Hints
- Gather all relevant evidence early, including police and medical records.
- Consult an estate or probate attorney to explore defenses to the slayer statute.
- Attend the probate hearing to present or challenge testimony.
- Review the decedent’s will, trust, and beneficiary designations for residual clauses.
- Consider mediation or settlement if family members contest the disinheritance.