Also known as: feloniously and intentionally kill · felonious and intentional killing · felonious killing · intentional homicide
Written by attorneys · grounded in primary & secondary sources — see below
A killing of another that is both felonious and intentional, committed without legal excuse or justification. The killing renders the perpetrator a slayer who is denied any right to benefit from the victim's estate or donative transfers.
Felicity French shot Glenn during an argument in a parking garage after he named her beneficiary of his annuity. An eyewitness placed her at the scene and she was convicted of aggravated assault. In the probate proceeding the estate proved by a preponderance that Felicity feloniously and intentionally killed Glenn, so she receives nothing from the annuity.
Finn Fletcher tampered with the plane controls before piloting Dorothy to her death. After Dorothy died intestate, Finn claimed an intestate share. The probate court found that Finn feloniously and intentionally killed Dorothy, so the estate passes as if Finn had disclaimed the share.
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Faye Fuller was convicted of murder after she struck Sebastian's car on a mountain road. In the later probate action over Sebastian's will, the court treated the criminal judgment as conclusive proof that Faye feloniously and intentionally killed Sebastian and barred her from taking under the will.
No. A criminal acquittal does not foreclose a civil determination under the preponderance standard that the person feloniously and intentionally killed the decedent.
The civil proceeding uses the preponderance of the evidence standard. A final criminal conviction for the felonious and intentional killing conclusively establishes slayer status in that civil proceeding.
The interests are severed and converted into equal tenancies in common. The killer therefore loses the right of survivorship.
No. Only a conviction for the felonious and intentional killing of the decedent itself conclusively establishes slayer status. An unrelated conviction carries no conclusive effect.