Slayer Statutes
Wills & Succession · Lesson 12
Slayer Statutes
這一課問的是:殺害死者之受益人是否依殺者法被排除?
ActorActObjectStandardConsequence
Core Terminology · 7 must-know
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slayer statute
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Bars beneficiary who killed decedent.
殺者法。
felonious and intentional killing
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Standard for triggering bar.
重罪故意殺害。
treats as predeceasing
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Slayer treated as if predeceased decedent.
視為先死。
conviction not required
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Civil determination of killing suffices.
定罪非必要。
Rule Sentence · the workhorse
Under slayer statutes, a beneficiary who feloniously and intentionally kills the decedent is barred from taking any benefit from the decedent's estate and is treated as if she predeceased the decedent.
Mini IRAC · build the Application
Issue. Does a son who was convicted of murdering his mother forfeit his inheritance under the slayer statute?
Rule. A beneficiary who feloniously and intentionally kills the decedent is barred from taking and treated as predeceasing the decedent.
Application (model). The son was convicted of murder for killing his mother (the decedent). Because slayer statutes bar a beneficiary who feloniously and intentionally killed the decedent, the fact that the son was convicted of intentional murder of the decedent means the slayer statute applies.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, the son forfeits his inheritance and is treated as predeceasing the decedent.
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: