Also known as: kills · killed · killing
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An act causing the death of a human being. At common law the act supports liability for murder when committed with malice aforethought and for involuntary manslaughter when caused by criminal negligence or an unlawful act.
An act causing the death of a human being. At common law the act supports liability for murder when committed with malice aforethought and for involuntary manslaughter when caused by criminal negligence or an unlawful act.
Select any source to read its text and confirm it supports the definition.
A felonious and intentional killing of the decedent. The act triggers the slayer rule that bars the killer from receiving any donative transfer or other benefit dependent on the victim's death.
Select any source to read its text and confirm it supports the definition.
A felonious and intentional killing of the decedent. The act triggers the slayer rule that bars the killer from receiving any donative transfer or other benefit dependent on the victim's death.
Each sense below has its own examples, sources, and questions.
Kiana Kwan left a ladder unsecured on a scaffold while repairing a high-rise. The ladder fell and struck a worker below, causing fatal injuries. The resulting death constitutes involuntary manslaughter because Kiana's conduct deviated substantially from reasonable care.
Kenneth King stored a highly toxic chemical in an unmarked container near a shared workspace. A coworker ingested the substance and died. The death supports an involuntary-manslaughter charge based on criminal negligence.
Kiara Kaur deliberately shot her business partner during an argument over company funds. The shooting constitutes murder because it was an unlawful killing committed with malice aforethought.
Criminal negligence requires a substantially greater deviation from the conduct of a reasonable person than ordinary civil negligence. The deviation must create a high risk of death that the defendant should have recognized.
Supporting sources
Khalil Kabir poisoned his wife to collect under her will and life insurance policies. After his criminal conviction the probate court treats him as a slayer. He receives nothing from the estate or the policies.
Katherine Kim killed her father and then claimed an intestate share of his estate. The court applies the slayer statute and distributes the entire estate as though she had predeceased him.
Kelsey Kirk was named beneficiary of her aunt's retirement plan. In a civil probate action the court finds by a preponderance of the evidence that Kelsey intentionally poisoned her aunt. The finding disqualifies her from the death benefit.
A final criminal conviction for the felonious and intentional killing conclusively establishes slayer status in the civil probate proceeding. The conviction satisfies the higher criminal standard and therefore satisfies the civil preponderance standard as well.
Supporting sources
Yes. The probate court may determine slayer status in a civil proceeding by a preponderance of the evidence even when prosecutors decline to file charges or when no criminal case occurs.
Supporting sources
The rule applies to all donative transfers that depend on the victim's death, including both probate assets under a will and nonprobate transfers such as life-insurance proceeds payable to the killer.
Supporting sources
…to the jury, Judge Macnaghten referred to the 1929 Act, and observed that that Act related to "the case where a child is killed by a wilful act at the time when it is being delivered in the ordinary course of nature." Id. , at 691. He concluded that the 1861 Act's use of the word "unlawfully," imported the same…