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Tuesday, June 1, 2010

Can a murderer inherit under the Will of his victim?


This isn't something I see much of (fortunately!!) but from time to time the question comes up.

Here's an example of the situation. Joe makes a Will naming Sammy and Lisa as his equal beneficiaries. Sammy murders Joe. Now that Joe is deceased, his estate has to be distributed so his Will is read. Does Sammy still get his inheritance under Joe's Will?

No, he doesn't. That's probably a good policy when you think about it, otherwise we might run the risk of people getting impatient for their inheritances and taking steps to get it earlier. That isn't the guiding principle of why Sammy's inheritance is blocked by the courts though; the reason is that people who commit murder are not allowed to profit financially from the crime.

Joe's Will will be carried out as if Sammy had died before Joe.

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