Special Statutory Provisions

Question 1

3 special rules in wills

Answer 1

(1) slayer act
(2) simultaneous death rule
(3) disclaimer of property interests

Question 2

Slayer Act

Answer 2

A person who participates in the willful and unlawful killing of the decedent may not acquire property or receive any benefit as a result of that death

The slayer is deemed to have predeceased decedent

Question 3

Exceptions to slayer act

Answer 3

Does not apply if the killing was reckless, accidental, or negligent

Question 4

Simultaneous death rule

Answer 4

A person who cannot be established by clear and convincing evidence to have survived the decedent by 120 hours is deemed to have predeceased the decedent

If the time of death of the decedent or the heir cannot be determined to establish that the decedent survived the heir by 120 hours, each will be deemed to have failed to survive the other

Also applies to intestate succession

Question 5

Disclaimer elements

Answer 5

A beneficiary may refuse to take a devise by filing a disclaimer that:

(1) Is in writing and signed by the disclaiming party,
(2) Declares the disclaimer,
(3) Describes the interest or power being disclaimed, AND
(4) Is delivered or filed

Question 6

Relation back doctrine for disclaimers

Answer 6

Disclaimer relates back to date of decedent’s death

Question 7

Effect of disclaimer

Answer 7

The disclaiming party is treated as having predeceased the decedent