Slayer's Act in Pennsylvania

Citation

Pennsylvania's Slayer's Act is located at 20 Pa.C.S. §§ 8801-8815

Definition

A "slayer" means any person who participates, either as a principal or as an accessory before the fact, in the willful and unlawful killing of any other person. 20 Pa.C.S. § 8801

Overview

Under the statute, a slayer cannot acquire any property or receive any benefit as a result of the decedent's death. 8802.

Property Interests Affected

The statute sets forth how various interests and estates in property are to be handled:

8803. Descent, distribution, dower, curtesy, and statutory rights as survivor.
8804. Legacies.
8805. Tenancies by the entirety.
8806. Joint tenants, joint owners and joint obligees.
8807. Reversions and vested remainders.
8808. Interests dependent on survivorship or continuance of life.
8809. Contingent remainders and executory or other future interests.
8810. Powers of appointment.
8811. Proceeds of insurance.
8812. Bona fide payment by insurance company or obligor.

Purchaser Protection

The statute provides protection for certain bona fide purchasers for value:

8813: The provisions of this chapter shall not affect the rights of any person who, before the interests of the slayer have been adjudicated, purchases from the slayer for value and without notice property which the slayer would have acquired except for the terms of this chapter, but all proceeds received by the slayer from such sale shall be held by him in trust for the persons entitled to the property under the provisions of this title, and the slayer shall also be liable both for any portion of such proceeds which he may have dissipated and for any difference between the actual value of the property and the amount of such proceeds.

Evidence and Procedure

Record of the slayer's conviction is admissible in any civil action arising under the chapter. 8814.

The statute further sets forth how property is handled before and after the slayer is convicted, or upon acquittal:

8814.1. Preadjudication rule.

(a) General rule.--If a person has been charged, whether by indictment, information or otherwise, by the United States, the Commonwealth or any of the several states, with voluntary manslaughter or homicide, except homicide by vehicle, in connection with a decedent's death, then any and all property or benefit that would otherwise pass to that person from the decedent's estate shall be placed and preserved in escrow by the person duly appointed by the register as personal representative. Upon dismissal or withdrawal of the charge, or upon the return of a verdict of not guilty, the property or benefit held in escrow shall pass as if no charge had been filed or made. Upon conviction of the charge, the property or benefit held in escrow shall pass in accordance with the terms and provisions of this chapter.

(b) Exception.--Notwithstanding subsection (a), the duly appointed personal representative shall be authorized upon notice to all interested parties, including, but not limited to, the accused, to petition the orphans' court division of the court of common pleas in the county where the estate lies for payment from the escrowed funds of child support and related expenses and of expenses of estate administration. Disposition of the petition shall lie in the sound discretion of the court.

(c) Notice to register of wills.--Within seven days of charging, whether by indictment, information or otherwise, a person with homicide or manslaughter the district attorney shall, in writing, notify the register of the name of the person charged, the name of the decedent and the charge.