SLAYERS ACT PREVENTS AN INHHERITANCE ARISING FROM A GUILTY VERDICT BUT MENTALLY ILL

• Thursday, February 9, 2017
• Category: Wills, Trusts and Estate Litigation

In an estate litigation case of first impression, the Pennsylvania Superior Court recently determined that a verdict of guilty but mentally ill for first-degree murder bars the killer from inheriting from the victim’s estate under the Slayers Act, 20 Pa.C.S. 8801-8815.

See Estate of McAndrews, 131 A 3rd 988 (Pa. Super, 2016).

Reference: Adam T. Gusdorff, Esquire, Probate and Trust Law Section Newsletter, Philadelphia, Bar Association (June 2016, N. 142)

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A properly drafted will should clearly identify all beneficiaries and leave no ambiguity surrounding the intentions of the Testator. Unfortunately, estate planning documents, whether wills or trusts, do not always clearly reflect the intentions of the testator. Even if the language of the documents is clear, parties may have other reasons to initiate a lawsuit or object to a will.

When someone with standing objects to a will or a trust, the estate might have to be litigated. This is sometimes referred to as a “will contest.” These disputes can be complex and should be navigated by attorneys with expertise in such matters, including an intimate knowledge of probate court rules and procedures.