Who Inherits Next? The Legal Fallout of a Slayer Statute Trigger
One tragic act can turn an estate plan upside down. Imagine a spouse named as the main beneficiary, then accused of causing the other spouse’s death. Families may wonder who inherits next, and the answer often turns on Virginia’s slayer statute.
At Commonwealth Life and Legacy Counsel, husband-and-wife attorneys Michael Winget-Hernandez and Lelia Winget-Hernandez help Central Virginia families with estate planning, estate administration, probate, and fiduciary litigation.
This article explains Virginia’s two slayer-statute triggers and what disqualification may mean for wills, intestate inheritance, jointly owned property, and life insurance.
What Is Virginia’s Slayer Statute?
Virginia’s slayer statute prevents a person legally determined to be a “slayer” from acquiring property or receiving benefits because of the decedent’s death. The governing rules appear in Va. Code §§ 64.2-2500 through 64.2-2511.
The policy behind the law is that a person should not profit from their own wrongdoing. Virginia directs courts to construe the statute broadly to carry out that policy. Va. Code §§ 64.2-2501 and 64.2-2511.
The statute can affect more than property passing under a will. It also addresses:
- Property passing through intestate succession
- Statutory rights as a surviving spouse
- Property owned with survivorship rights
- Certain future property interests
- Powers of appointment
- Life insurance proceeds
The result depends on the type of property and the specific section of the statute that applies.
Virginia’s Two Slayer-Statute Triggers
Virginia law provides two ways in which a person may be determined to be a slayer.
First, a person is a slayer if convicted of the murder or voluntary manslaughter of the decedent.
Second, even without such a conviction, a person may be determined to be a slayer when a court of appropriate jurisdiction finds, by a preponderance of the evidence, that the person committed murder or voluntary manslaughter resulting in the decedent’s death. The party seeking that determination has the burden of proof. Va. Code § 64.2-2500.
Virginia’s Two Triggers at a Glance
| Trigger | What Virginia Law Requires | Effect |
| Criminal conviction | A conviction for the murder or voluntary manslaughter of the decedent | The conviction establishes the person as a slayer |
| Civil determination without a conviction | A court finds by a preponderance of the evidence that the person committed murder or voluntary manslaughter resulting in the death | The person may be barred even without a criminal conviction |
A criminal conviction is conclusive evidence of the slayer’s guilt in a civil action arising under the statute. Va. Code § 64.2-2510.
The civil route matters because a criminal conviction is not the only possible trigger. A separate court proceeding may still determine the inheritance issue under the lower civil standard of proof.
What Happens to Property Passing by Will or Intestacy?
When property would have passed to the slayer through the decedent’s will, the slayer is treated as having died before the decedent. Virginia’s antilapse statute may also affect who receives the property, depending on the beneficiary’s relationship to the decedent and the will’s language. Va. Code § 64.2-2502.
The same predeceased treatment generally applies to property the slayer would have received through intestate succession or through statutory rights as the decedent’s surviving spouse. Va. Code § 64.2-2502.
Who inherits next may therefore depend on:
- Whether the will names an alternate beneficiary
- Whether Virginia’s antilapse statute applies
- The remaining terms of the will or trust
- The decedent’s heirs under Virginia intestacy law
- Whether another statute or federal law controls the asset
The slayer’s disqualification does not always mean that the property passes directly to the estate. The governing document and the type of property still matter.
Jointly Owned Property and Survivorship Rights
Virginia’s statute contains specific rules for property owned by the decedent and the slayer together.
For property held as tenants by the entirety or in another form with a right of survivorship, the slayer’s interest vests in the decedent’s estate as though the slayer had died first. Va. Code § 64.2-2503.
For property held jointly without a right of survivorship, the slayer’s interest is severed, and the decedent’s share passes as part of the decedent’s estate. Va. Code § 64.2-2503.
These rules can affect real estate, joint accounts, and other jointly owned interests. The deed, account agreement, and form of ownership should be reviewed before determining where the property passes.
Life Insurance Proceeds
Virginia also addresses insurance proceeds payable to a slayer.
When the slayer is named as the beneficiary or assignee of a life insurance policy on the decedent, the proceeds generally pass to the decedent’s estate unless the policy names an alternate beneficiary. Va. Code § 64.2-2508.
An insurance company that pays according to the policy without notice of circumstances bringing the payment within the slayer statute may be protected from additional liability. This makes prompt notice important when a dispute affects an insurance policy.
How Disqualification Changes the Distribution
Once a person is determined to be a slayer, the next recipient depends on the asset.
A typical review may involve the following steps:
- Confirm the conviction or court determination that triggers Va. Code § 64.2-2500.
- Identify each property interest or benefit the slayer would otherwise receive.
- Apply the section governing that type of property.
- Review alternate beneficiaries, contingent gifts, and antilapse rules.
- Determine whether the asset passes under the will, through intestacy, to another beneficiary, or to the decedent’s estate.
- Document the determination for the probate file and the institution holding the asset.
Clear records may be important when working with banks, insurers, transfer agents, trustees, and the Commissioner of Accounts.
Potential Disputes During Estate Administration
Slayer-statute questions can lead to difficult probate and fiduciary disputes. Family members may disagree about whether one of Virginia’s two statutory triggers has been met or what should happen to a particular asset.
Common issues may include:
- Whether a qualifying criminal conviction exists
- Whether a civil proceeding should be brought under Va. Code § 64.2-2500
- Who has the burden of proving slayer status
- Whether jointly owned property had a survivorship feature
- Whether a life insurance policy names an alternate beneficiary
- Whether an alternate gift or antilapse provision applies
- Who may act for the estate while the dispute remains unresolved
- How estate property should be preserved during the proceeding
A conviction conclusively establishes guilt for purposes of a civil action under the chapter. Without a conviction, the court must make the statutory determination under the preponderance-of-the-evidence standard. Va. Code §§ 64.2-2500 and 64.2-2510.
Transfers Made Before Slayer Status Is Decided
Virginia law also protects some people who acquire property from the alleged slayer before the slayer’s interests have been adjudicated.
A person who gives adequate consideration and acquires the property without notice of circumstances bringing it within the statute may retain protection. The slayer may then be required to hold the consideration for the people legally entitled to the property and may be liable for amounts that were dissipated. Va. Code § 64.2-2509.
This provision can become relevant when property is sold or transferred before the estate or another interested person obtains a judicial ruling.
Federal Law May Affect Certain Benefits
Virginia’s statute recognizes that federal law may preempt state law for certain payments, property, or benefits.
When that happens, a person who receives a benefit without giving value and would not have been entitled to it under Virginia’s slayer statute may be required to return the benefit or its value to the person who would otherwise have received it. Va. Code § 64.2-2511.
This issue may arise with federally governed benefits or retirement plans. The governing federal law and plan documents must be reviewed before deciding how a particular benefit passes.
Planning for Alternate Beneficiaries
Although no estate plan can anticipate every event, clear backup provisions can reduce uncertainty.
A plan may identify:
- Alternate beneficiaries under a will or trust
- Contingent beneficiaries for life insurance and retirement accounts
- Successor executors and trustees
- Instructions for jointly owned or business property
- Trust provisions for minor or vulnerable beneficiaries
These provisions do not replace the slayer statute. They can, however, make it easier to determine who should receive property when a primary beneficiary cannot inherit.
Contact Commonwealth Life and Legacy Counsel for Guidance
A slayer-statute dispute can affect probate property, nonprobate benefits, jointly owned assets, and surviving-spouse rights. The result depends on which of Virginia’s two triggers applies and the section governing each property interest.
At Commonwealth Life and Legacy Counsel, we help families understand estate-administration and fiduciary disputes involving contested inheritance rights. Call our Zions Crossroad office at 434-589-2958 or our Powhatan office at 804-598-1348, email info@winget-hernandez.com, or reach out through our Contact Us page.
Disclaimer: This article is educational only and is not legal advice. Reading it does not create an attorney-client relationship.