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The Need for a New Slayer Statute in North Carolina, 24 Campbell L Campbell Law Review Volume 24 Article 6 Issue 2 Spring 2002 January 2002 The eedN for a New Slayer Statute in North Carolina Julie Waller Hampton Follow this and additional works at: http://scholarship.law.campbell.edu/clr Part of the Legal Remedies Commons Recommended Citation Julie Waller Hampton, The Need for a New Slayer Statute in North Carolina, 24 Campbell L. Rev. 295 (2002). This Comment is brought to you for free and open access by Scholarly Repository @ Campbell University School of Law. It has been accepted for inclusion in Campbell Law Review by an authorized administrator of Scholarly Repository @ Campbell University School of Law. Hampton: The Need for a New Slayer Statute in North Carolina THE NEED FOR A NEW SLAYER STATUTE IN NORTH CAROLINA* I. INTRODUCTION A forty-year-old woman drove her elderly mother to the doctor as she did every week. They were running behind schedule when the daughter briefly stopped at an intersection and looked for oncoming traffic. As the daughter pushed through the intersection, a truck struck her car on the passenger side. As a result of the accident, the woman's elderly mother died. Assuming her actions were negligent, should the daughter's failure to see the truck preclude her from inherit- ing from her mother as a natural object of her bounty? The common sense answer is no. The daughter did not intention- ally kill her mother. In fact, the daughter is fortunate that her negli- gence did not kill her. The mother probably would not wish to disinherit the daughter in light of the circumstances. In North Caro- lina, the daughter could be disqualified from inheriting-not as a 1 "slayer," but rather as one that should not profit from her own wrong.2 North Carolina courts have circumvented the slayer statute3 and wrongly interpreted the common law on this subject, which has led to such unintended consequences. A. Outline of North Carolina Slayer Statute- Chapter 31A The North Carolina slayer statute is codified as Chapter 31A of the General Statutes of North Carolina. The statute is relatively com- prehensive, considering some states do not have any codified provi- 4 sion for the forfeiture of property by slayers. Section 31A-3 marks the start of the slayer rule, setting out impor- tant definitions of "decedent," "property," and "slayer." "Slayer" means any person who by a court of competent jurisdiction shall have been * The author wishes to express her gratitude to Professor James B. McLaughlin, Jr. for his helpful insight in regard to the issues discussed in this comment. 1. N.C. Gen. Stat. § 31A-3(3) (1999). "'Slayer' means any person who by a court of competent jurisdiction shall have been convicted as a principal or accessory before the fact of the willful and unlawful killing of another person." 2. Quick v. United Benefit Life Ins. Co., 287 N.C. 47, 49, 213 S.E.2d 563, 565 (1975). 3. N.C. Gen. Stat. § 31A (1999). 4. Ford v. Ford, 512 A.2d 389, app. A at 399-400 (Md. 1986). This appendix provides a list of states with slayer statutes. 295 Published by Scholarly Repository @ Campbell University School of Law, 2002 1 Campbell Law Review, Vol. 24, Iss. 2 [2002], Art. 6 296 CAMPBELL LAW REVIEW [Vol. 24:295 convicted, entered a plea of guilty, or tendered a plea of nolo contendre upon indictment, as a principal or accessory before the fact of the will- ful and unlawful killing of another person.5 In addition, [a] slayer can also be one that has been found in a civil action or pro- ceeding brought within one year after the death of the decedent to have willfully and unlawfully killed the decedent or procured his killing, and who shall have died or committed suicide before having been tried for the offense and before the settlement of the estate.6 Section 4 outlines the alternative distribution of the decedent's estate due to the slayer's forfeiture.7 The slayer will be deemed to have died just prior to the death of the decedent. Therefore, the slayer can- not acquire any benefit from the decedent, whether it is by testate or intestate succession, common law, or statutory right.' However, the slayer's living issue are entitled to the interest if the decedent dies intes- tate, and the property shall be distributed per stirpes.9 If there are no such living issue, the property passes as if the slayer predeceased the decedent.' ° If the decedent dies testate, the property which would pass to the slayer pursuant to a will shall be devised in accordance with the lapse statute under the presumption that the slayer predeceased the decedent." Sections 5 and 6 explain the consequences to the slayer's rights regarding joint property held by the slayer and decedent as tenants by the entirety' 2 and joint tenants with right of survivorship, respec- tively.' 3 Both sections provide that the portion of the property pos- sessed by the slayer will continue to be held by the slayer for his lifetime. 14 The decedent's property share will pass to his estate upon his death.' 5 When the slayer dies, his or her property will pass to the estate of the decedent. 5. N.C. Gen. Stat. § 31A-3(a-c) (1999). 6. N.C. Gen. Stat. § 31A-3(d) (1999). There is an inherent mistake in this statute because it requires death or suicide of the killer to accompany the civil action in order for the killer to be deemed a slayer. This problem was, in effect, corrected by the court in Jones v. All American Life Ins. Co., 312 N.C. 725, 325 S.E.2d 237 (1985). See also infra notes 150, 151 and accompanying text. 7. N.C. Gen. Stat. § 31A-4 (1999). 8. N.C. Gen. Stat. § 31A-4(1) (1999). 9. § 31A-4(2). 10. § 31A-4(2). 11. N.C. Gen. Stat. § 31A-4(3) (1999). 12. N.C. Gen. Stat. § 31A-5 (1999). 13. N.C. Gen. Stat. § 31A-6 (1999). 14. N.C. Gen. Stat. §§ 31A-5 and 31A-6 (1999). 15. §§ 31A-5 and 31A-6 http://scholarship.law.campbell.edu/clr/vol24/iss2/6 2 Hampton: The Need for a New Slayer Statute in North Carolina 20021 A NEW SLAYER STATUTE IN NORTH CAROLINA 297 Sections 7 and 8 determine the result of future interests held by the slayer that were subject to the death of the decedent. Section 7 states that where a vested future interest of the slayer, that was subject to the intervening life estate of the decedent or a third party whose interest is measured by the life of the decedent, the property will pass to the decedent's estate or be kept by a third party for the life expec- tancy of the decedent. 6 Section 8 covers contingent remainders and executory interests of the slayer. If the interest would vest or increase upon the death of the decedent, the interest shall not vest or increase during the period of the life expectancy of the decedent. 17 If the inter- est would not have become vested or increased had the slayer prede- ceased the decedent, then the slayer shall be deemed to have predeceased the decedent.' 8 According to Section 9, when the slayer holds an interest in prop- erty subject to divestment by the decedent (should decedent survive him or live to a certain age), the interest shall remain in possession of the slayer during his lifetime or until the decedent would have reached such age, but then passes as though the decedent died immediately after the slayer or the reaching of that age.' 9 Any power of appointment in favor of the slayer by the decedent's will shall pass in accordance with the lapse statute as if the slayer pre- deceased the decedent.2 ° Section 10 also states that present or future interests held by the slayer, but subject to divestment by the exercise of a general power of appointment, shall pass to the estate of the dece- dent.2' Furthermore, any interest subject to the slayer's exercise of a special power of appointment will pass to such person(s) in equal shares, exclusive of the slayer.22 23 Section 11 extends the slayer's forfeiture to insurance benefits. When the insured dies, the slayer cannot inherit insurance proceeds payable to him. Instead, these proceeds pass as if the slayer prede- ceased the decedent.24 If the slayer's insurance policy designates the decedent as a beneficiary or assignee, the proceeds of such a policy are to be paid to the estate of the decedent on the death of the slayer.25 16. N.C. Gen. Stat. § 31A-7 (1999). 17. N.C. Gen. Stat. § 31A-8(2) (1999). 18. N.C. Gen. Stat. § 31A-8(1) (1999). 19. N.C. Gen. Stat. § 31A-9 (1999). 20. N.C. Gen. Stat. § 31A-10(a) (1999). 21. N.C. Gen. Stat. § 31A-10(b) (1999). 22. § 31A-10(b). 23. N.C. Gen. Stat. § 31A-11 (1999). 24. § 31A-11. 25. § 31A-11. Published by Scholarly Repository @ Campbell University School of Law, 2002 3 Campbell Law Review, Vol. 24, Iss. 2 [2002], Art. 6 298 CAMPBELL LAW REVIEW [Vol. 24:295 Section 12 protects persons acquiring property or interests of the slayer affected by this chapter 26 only if they did not have any notice of the circumstances that brought their interests within the scope of this chapter.27 All consideration received by the slayer will be held in trust for those entitled to the interests under this chapter, and it is the responsibility of the slayer to make up the difference.28 Section 13 allows the record of the judicial proceeding determin- ing the slayer status to be admissible in evidence for or against a claim- ant of property in a civil action arising under this chapter.
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