Detailed Answer
Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation.
Under Utah’s slayer statute, a person who intentionally and unlawfully causes a decedent’s death cannot inherit from that person’s estate. Utah law treats the slayer as if they predeceased the victim.
The key provisions of Utah Code § 75-2-803 include:
- Felonious and Intentional Killing: The statute applies only when the killing was unlawful and deliberate.
- Effect of Conviction or Adjudication: A criminal conviction or a civil adjudication on the killing issue bars inheritance.
- Constructive Predecease: The slayer is deemed to have died before the decedent; the inheritance passes as if the slayer never survived.
For example, if an heir named Alex is convicted of intentionally killing their parent, Alex loses any right to inherit from that parent’s estate. Alex’s share then passes to the next eligible family member under Utah’s distribution order.
Helpful Hints
- Prove unlawful intent: Civil courts may apply a “preponderance of evidence” standard, which is lower than the criminal “beyond a reasonable doubt” standard.
- Independent enforcement: Probate courts can enforce the slayer rule without waiting for a criminal conviction.
- Order of distribution: Review Utah Code § 75-2-103 to see who inherits if an heir is disqualified.
- Estate planning tip: Consider including a no-contest clause to discourage wrongful claims and challenges.