Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under South Carolina law, the slayer statute prevents someone who unlawfully and intentionally kills a decedent from inheriting from that person’s estate. South Carolina codified this rule in S.C. Code Ann. § 62-2-803. In essence, a person who is convicted of or adjudicated civilly liable for intentionally and feloniously causing the death of someone is treated as if they predeceased that person. They lose all rights to take under a will or by intestate succession.
Key points under S.C. Code Ann. § 62-2-803 (Chapter 2, Title 62):
- If the killer is convicted of murder, manslaughter, or a similar intentional homicide, the court will deem the killer to have predeceased the victim.
- If a person is found civilly liable (for example, in a wrongful death suit) for intentionally causing the decedent’s death, the same disinheritance rule applies.
- The killer’s share passes as though the killer died before the decedent. Under a will, the next beneficiaries listed would succeed. Under intestacy, the surviving heirs step in according to the hierarchy set out in S.C. Code Ann. § 62-2-101.
- The statute applies to wills, intestate succession, trusts, joint tenancy, and other transfers made at death.
Example: Jane’s only child, Mark, is convicted of murdering Jane. Under S.C. Code Ann. § 62-2-803, Mark is treated as if he died before Jane. If Jane’s will left her entire estate to Mark, the property instead goes to Jane’s grandchildren or, if none, to her siblings under intestacy rules.
To invoke this rule, an interested party—often an executor or co-heir—files a motion in the probate court. The court reviews the criminal conviction or civil finding. Once the court issues an order applying the slayer statute, the killer has no claim on the estate. If a conviction is later overturned, the court may revisit the order.
Helpful Hints
- Review the probate court’s file for any “slayer statute” motions when administering an estate.
- Gather certified copies of criminal judgments or civil liability findings before the hearing.
- Know that self-defense or accidental killings typically fall outside the statute’s scope.
- Consult S.C. Code Ann. § 62-2-101 for intestate succession order if the killer is disinherited.
- Ask a probate attorney to ensure proper procedure and avoid delays.