Disclaimer: This blog post is for educational purposes only and does not constitute legal advice.
Detailed Answer
What Is the Wisconsin Slayer Statute?
Under Wisconsin law, the slayer statute prevents someone who unlawfully and intentionally kills a decedent from receiving any benefit under that person’s will or through intestate succession. See Wis. Stat. § 852.01. The rule applies whether the decedent died by murder, manslaughter or aiding and abetting.
Who Qualifies as an “Unlawful Killer”?
An heir is disqualified if a court finds that they caused the death through:
- Intentional or reckless conduct rising to the level of a felony;
- Felonious or premeditated homicide (first- or second-degree murder); or
- Aiding and abetting or conspiracy to commit such a crime.
Wis. Stat. § 852.02 defines “unlawful killing” to include both felonies and premeditated acts. A conviction isn’t strictly required; the probate court can make an independent finding by clear and convincing evidence.
How Does Disinheritance Work?
Once the court deems someone a slayer, that person is treated as having predeceased the decedent. As a result:
- The slayer forfeits all rights under the will or by intestacy.
- Their share passes as if they were not alive at the time of death.
- Any gifts, life insurance proceeds or joint tenancy interests they would have received are redistributed to other heirs or devisees.
For example, if a decedent leaves 50% of an estate to her son but that son is convicted of murdering her, his share passes to other beneficiaries under the will or, absent beneficiaries, under intestate rules in Wis. Stat. § 852.01 and chapter 852.
What About Criminal vs. Civil Findings?
A criminal conviction for homicide is strong evidence, but not mandatory. A probate court can hold a hearing and decide by clear and convincing evidence whether the person caused the death unlawfully. If so, the slayer rule applies regardless of criminal outcome.
Can the Slayer Statute Be Overturned?
After disinheritance, the slayer may petition the court to reopen the estate if new evidence shows they did not cause the death or acted in self-defense. The court will review any contrary evidence and decide whether to restore inheritance rights.
Helpful Hints
- Begin by reviewing the decedent’s will and any beneficiary designation paperwork.
- Consult the probate court for the correct process and timeline for raising a slayer statute claim.
- Gather clear evidence—police reports, trial transcripts or witness statements—to support your position.
- Remember the clear and convincing evidence standard in civil probate hearings.
- Consider mediation if family members dispute the circumstances to avoid lengthy litigation.