Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Overview of Virginia’s Slayer Statute
Under Virginia Code § 64.2-309 (link), any person who feloniously and intentionally kills a decedent forfeits all benefits from that decedent’s estate. In practice, the killer is treated as having died before the victim. This “slayer” rule bars the wrongdoer from inheriting by will or under intestacy laws.
Impact on Intestate Succession
If the decedent died without a valid will, Virginia’s intestacy statutes dictate distribution. When an heir triggers the slayer rule, the heir’s share is redistributed as if the heir predeceased the decedent. For example, if a child kills a parent, that child’s portion passes to the child’s own descendants or, if none, to the next eligible relative per Virginia Code § 64.2-200 et seq.
Effect on Wills and Trusts
When a will names the slayer as beneficiary, the gift lapses. The estate plan is then read to skip the disqualified beneficiary. If the will has a residuary clause or alternate beneficiary, the gift falls to them. Absent alternatives, the residual estate follows intestacy rules, excluding the slayer from inheriting.
Legal Procedures to Enforce the Slayer Statute
The personal representative or any interested party may petition the circuit court to enforce the slayer statute. The court will review certified criminal records or other evidence showing a felonious, intentional killing. Once the court applies § 64.2-309, the representative must distribute assets as if the disqualified heir predeceased the decedent.
Helpful Hints
- Seek counsel early: Consult an estate attorney to confirm whether the slayer rule applies.
- Verify convictions: Provide the court with certified criminal judgments to trigger the statute.
- Review the will: Check for alternate beneficiaries or residuary clauses to avoid unintended lapses.
- Consider family dynamics: Understand how redistribution under intestate law affects other heirs.
- Act promptly: File any petitions during the probate process to prevent distribution delays.