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Understanding the Florida Slayer Statute and Its Impact on Life Insurance Benefits

Jason Turchin, Esq.

In Florida, as in many other states, the law forbids people from profiting from their own wrongdoing. This rule applies especially in homicide cases. This legal principle is embodied in the Florida Slayer Statute, a crucial piece of legislation that can have profound implications for life insurance policies and estate planning. This article explains how the Florida Slayer Statute works and how it affects life insurance benefits. It provides key insights for policyholders, beneficiaries, and legal professionals. Our life insurance lawyers in Florida have handled many Slayer Statute life insurance cases.


slayer statute life insurance

What is the Florida Slayer Statute?

The Florida Slayer Statute, found in Section 732.802 of the Florida Statutes, establishes that an individual who intentionally and unlawfully kills the insured is not entitled to receive any benefits from the deceased’s estate or life insurance policies. This law is built on a clear principle. No one should profit from their illegal actions, especially from deliberately taking another person’s life.

The statute often applies to convicted murderers. It also applies to anyone a civil court finds responsible for unlawfully causing the decedent’s death. It can apply even if the person was not criminally convicted. This distinction is important because the burden of proof is lower in civil court than in criminal court. As a result, the statute may still apply even if the person was found not guilty in a criminal trial due to reasonable doubt.


Implications of the Slayer Statute for Life Insurance Policies

Under Florida’s Slayer Statute, a beneficiary who unlawfully and intentionally kills the policyholder cannot receive the life insurance benefits. In that case, the law treats the killer as if they died before the insured. The benefits then usually go to the contingent beneficiaries or to the insured’s estate, depending on the policy terms and state law.

This situation can create complex legal issues. Problems arise when the accused beneficiary challenges the Slayer Statute or when it’s unclear who the alternate beneficiaries are. In such cases, the matter can become a significant legal issue, requiring interpretation by the courts.


Steps for Policyholders and Beneficiaries

Given the implications of the Florida Slayer Statute, there are several steps that policyholders and beneficiaries can take to protect their interests:

  1. Policy Review: Policyholders should regularly review their life insurance policies to ensure that the designated beneficiaries are still appropriate and that contingent beneficiaries are named.
  2. Legal Documentation: Keep all relevant legal documents, such as wills and life insurance policies, up to date and in line with current wishes and legal standards.
  3. Professional Advice: Consult with legal and financial professionals to understand the implications of the Florida Slayer Statute on your life insurance policy and estate planning.
  4. Awareness of the Law: Beneficiaries should know that the Florida Slayer Statute exists. They should also understand that unlawful actions can disqualify them from receiving benefits.

The Florida Slayer Statute serves as an important safeguard in the legal system. It can help ensure that no one can profit from their wrongful acts. Its implications for life insurance policies can underscore the importance of thorough estate planning and legal counsel. By understanding the statute’s principles, policyholders and beneficiaries can better navigate life insurance claims. This helps ensure the benefits are distributed fairly and in accordance with the law. Call us at (800) 337-7755 or visit VictimAid.com to schedule your free case review today.

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