What happens if a beneficiary is responsible for the death of the decedent?

 In Probate

These are rare, but this scenario can occur: Florida has a “slayer statute” to address it.  Should a named beneficiary kill the testator, Florida law prohibits the killer from inheriting the gifts left to them in the Will.

Florida law treats the beneficiary responsible for the death of the testator as if he/she had predeceased the decedent – so, the assets left originally to them Will instead go to other beneficiaries.

The slayer statute in Florida, Florida Statute §732.802, specifies this law as it applies to joint tenants and life insurance policy beneficiaries, as well. It also clarifies what happens in the event of an absence of conviction of murder: it is left to the court to decide whether the greater weight of evidence suggests that the killing was intentional and unlawful.

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