Florida Statute 732.802 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS

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F.S. 732.802

732.802 Killer not entitled to receive property or other benefits by reason of victim’s death.—

(1) A surviving person who unlawfully and intentionally kills or participates in procuring the death of the decedent is not entitled to any benefits under the will or under the Florida Probate Code, and the estate of the decedent passes as if the killer had predeceased the decedent. Property appointed by the will of the decedent to or for the benefit of the killer passes as if the killer had predeceased the decedent.

(2) Any joint tenant who unlawfully and intentionally kills another joint tenant thereby effects a severance of the interest of the decedent so that the share of the decedent passes as the decedent’s property and the killer has no rights by survivorship. This provision applies to joint tenancies with right of survivorship and tenancies by the entirety in real and personal property; joint and multiple-party accounts in banks, savings and loan associations, credit unions, and other institutions; and any other form of co-ownership with survivorship incidents.

(3) A named beneficiary of a bond, life insurance policy, or other contractual arrangement who unlawfully and intentionally kills the principal obligee or the person upon whose life the policy is issued is not entitled to any benefit under the bond, policy, or other contractual arrangement; and it becomes payable as though the killer had predeceased the decedent.

(4) Any other acquisition of property or interest by the killer, including a life estate in homestead property, shall be treated in accordance with the principles of this section.

(5) A final judgment of conviction of murder in any degree is conclusive for purposes of this section. In the absence of a conviction of murder in any degree, the court may determine by the greater weight of the evidence whether the killing was unlawful and intentional for purposes of this section.

(6) This section does not affect the rights of any person who, before rights under this section have been adjudicated, purchases from the killer for value and without notice property which the killer would have acquired except for this section, but the killer is liable for the amount of the proceeds or the value of the property. Any insurance company, bank, or other obligor making payment according to the terms of its policy or obligation is not liable by reason of this section unless prior to payment it has received at its home office or principal address written notice of a claim under this section.

History.—s. 1, ch. 74-106; s. 113, ch. 75-220; s. 1, ch. 82-71.

Note.—Created from former s. 731.31.

F.S. 732.802 on Google Scholar

F.S. 732.802 on Casetext

Amendments to 732.802

Arrestable Offenses / Crimes under Fla. Stat. 732.802

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 732.802.

Annotations, Discussions, Cases:

Cases Citing Statute 732.802

Total Results: 20

Meredith Fiel and Lisa Fiel v. Douglas F. Hoffman, as Personal Representative of the Estate of Ben H. Novack, Jr., Narcy Novak, Marchelo Gaffney, Patrick Gaffney, May Azaleh Abad and Harvey E. Morse, P.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-07-29T00:53:00-07:00

Snippet: , the court determined that based upon section 732.802, Florida Statutes (2012), the Slayer Statute, Narcy…murderer from inheriting, ruling: Section 732.802 is clear and unambiguous and does not extend …later expanded the statute by enacting section 732.802, Florida Statutes, which now provides: …if the killer had predeceased the decedent. § 732.802(1), Fla. Stat. (2013). The Second District …1992) (“We hold as a matter of law that section 732.802 does not apply to an innocent contingent beneficiary

Fiel v. Hoffman

Court: Fla. Dist. Ct. App. | Date Filed: 2015-07-29T00:00:00-07:00

Citation: 169 So. 3d 1274

Snippet: , the court determined that based upon section 732.802, Florida Statutes (2012), the Slayer Statute, Narcy… the murderer from inheriting, ruling: Section 732.802 is clear and unambiguous and does not extend the…later expanded the statute by enacting section 732.802, Florida Statutes, which now provides: (1) A surviving… if the killer had predeceased the decedent. § 732.802(1), Fla. Stat. (2013). The Second District considered…1992) (“We hold as a matter of law that section 732.802 does not apply to an innocent contingent beneficiary

Cosman v. Rodriguez

Court: Fla. Dist. Ct. App. | Date Filed: 2014-12-17T00:00:00-08:00

Citation: 153 So. 3d 371

Snippet: by operation of the “slayer statute,” section 732.802, Florida Statutes (2006), which prevents a wrongdoer…conclusion, the circuit court failed to apply section 732.802, which states in pertinent part: (1) A surviving…law is an “interest” that, pursuant to section 732.802(4), must be treated as if the killer predeceased

Carlton Fields, P.A. v. LoCascio

Court: Fla. Dist. Ct. App. | Date Filed: 2011-03-30T00:00:00-07:00

Citation: 59 So. 3d 246

Snippet: subordinating judgment are therefore reversed. . § 732.802, Fla. Stat. (2001). The Slayer Statute claims were

LoCascio v. Sharpe

Court: Fla. Dist. Ct. App. | Date Filed: 2009-10-28T00:00:00-07:00

Citation: 23 So. 3d 1209

Snippet: LoCascio: (1) Under the “slayer statute,” section 732.802 Florida Statutes (2001), Edward S. LoCascio was…bases this argument on the phrase in subsection 732.802(1), that “the estate of the decedent passes as

Estate of Shefner v. Shefner-Holden

Court: Fla. Dist. Ct. App. | Date Filed: 2009-02-11T00:00:00-08:00

Citation: 2 So. 3d 1076

Snippet: validity, alleging undue influence, and that section 732.802, Florida Statutes (2004) (the "Slayer Statute

Julia v. Russo

Court: Fla. Dist. Ct. App. | Date Filed: 2008-07-02T00:53:00-07:00

Citation: 984 So. 2d 1283

Snippet: pursuant to Florida's Slayer Statute, section 732.802(2), Florida Statutes (2006).[1] If the Slayer Statute…and DAMOORGIAN, JJ., concur. NOTES [1] Section 732.802(2), Florida Statutes (2005), provides: (2) Any

Barber v. Parrish

Court: Fla. Dist. Ct. App. | Date Filed: 2007-08-23T00:53:00-07:00

Citation: 963 So. 2d 892

Snippet: first-degree murder was final pursuant to section 732.802(5), Florida Statutes (2003), we affirm. At the …denied entitlement to the proceeds under section 732.802(3), Florida Statutes (2003). This statute expressly…though the killer had predeceased the decedent. § 732.802(3), Florida Statutes (2003). Thereafter on September…moved for summary judgment pursuant to section 732.802(5), Florida Statutes (2003), which states that …examined the legislative intent behind section 732.802 and determined that amendments to the statute demonstrated

Donigan v. Nevins

Court: Fla. Dist. Ct. App. | Date Filed: 2001-04-04T00:00:00-07:00

Citation: 785 So. 2d 573

Snippet: if the killer had predeceased the decedent. § 732.802(1), Fla.Stat. (1999). The trial judge determined

Hess v. Hess

Court: Fla. Dist. Ct. App. | Date Filed: 2000-05-17T00:00:00-07:00

Citation: 758 So. 2d 1203

Snippet: reasoned that under the probate code, only section 732.802(1), Florida Statutes (1999), provides "any

Congleton v. Sansom

Court: Fla. Dist. Ct. App. | Date Filed: 1995-11-15T23:53:00-08:00

Citation: 664 So. 2d 276

Snippet: Smith a widower. The judgment invokes section 732.802, Florida Statutes (1991), the so-called "slayer…Laws of Florida (1982) on April 2, 1982, section 732.802(5), Florida Statutes, has provided: A final judgment… killing was unlawful and intentional." § 732.802(5), Fla. Stat. (1991). Unless criminal proceedings… civil homicide as outlined in Florida Statute 732.802, the Florida Slayer statute, by the greater weight

State, Department of Legal Affairs v. Rains

Court: Fla. Dist. Ct. App. | Date Filed: 1995-05-12T00:00:00-07:00

Citation: 654 So. 2d 1254, 1995 Fla. App. LEXIS 5073, 1995 WL 277063

Snippet: F.L.W. D2518 [567 So.2d 1015 (1990)] and F.S. 732.802(1) BILLIE JEAN RAINS no longer has any legal interest

Clay v. Prudential Ins. Co. of America

Court: Fla. Dist. Ct. App. | Date Filed: 1993-04-28T00:53:00-07:00

Citation: 617 So. 2d 433

Snippet: insurer denied the claim, pointing to section 732.802, Florida Statutes (1985). Shortly thereafter, she

Chatman v. Currie

Court: Fla. Dist. Ct. App. | Date Filed: 1992-10-09T00:00:00-07:00

Citation: 606 So. 2d 454, 1992 Fla. App. LEXIS 10559, 1992 WL 276959

Snippet: court further found that according to section 732.802(4), Florida Statutes, the insurance proceeds should…su-persedeas bond and filed a notice of appeal. Section 732.802, Florida Statutes (1991), states in part: (3) A…section. We hold as a matter of law that section 732.802 does not apply to an innocent contingent beneficiary…the insured who then commits suicide. Subsection 732.802(3) applies to a “named beneficiary of a ... life…upon whose life the policy is issued_” Subsection 732.802(3) does not divest Chatman’s son, as an innocent

Lopez v. Rodriguez

Court: Fla. Dist. Ct. App. | Date Filed: 1991-02-05T00:00:00-08:00

Citation: 574 So. 2d 249

Snippet: trial court dismissed those counts. Citing section 732.802(2), Florida Statutes (1989), Lopez contends- that…funds. We find no merit in the contention. Section 732.802(2) provides that a “joint tenant who unlawfully…construction preclude this court from rewriting section 732.802(2) to effect such a revocation. Capoccia v. Capoccia…contends that the equitable principles of section 732.802 should preclude Carlos from receiving the trust…to disinherit killer’s heirs). Because section 732.802(2) is inapplicable to the circumstance before us

Cohen v. Cohen

Court: Fla. Dist. Ct. App. | Date Filed: 1990-10-09T00:53:00-07:00

Citation: 567 So. 2d 1015

Snippet: s estate pursuant to the provisions of Section 732.802(1), Florida Statutes (1989). The foregoing statutory…to proceed in a manner consistent with Section 732.802, Florida Statutes (1989), based upon the criminal

In Re Estate of Benson

Court: Fla. Dist. Ct. App. | Date Filed: 1989-09-01T00:53:00-07:00

Citation: 548 So. 2d 775

Snippet: so-called "Slayer Statute," section 732.802(1), Florida Statutes (1985). This left appellant… pertinent part of our Slayer Statute, section 732.802(1), provides as follows: A surviving person who

Lynn v. Philadelphia American Life Insurance Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1989-05-03T00:00:00-07:00

Citation: 543 So. 2d 807

Snippet: found, pursuant to the prohibitions of section 732.802, Florida Statutes (1987), that appellant was prohibited

In Re Estate of Howard

Court: Fla. Dist. Ct. App. | Date Filed: 1989-04-07T00:53:00-07:00

Citation: 542 So. 2d 395

Snippet: under Section 732.802, Florida Statutes, from benefiting from his death. Section 732.802, Florida Statutes…proceeding brought pursuant to Section 732.802, Florida Statutes. Section 732.802, commonly known as the "…to disqualify a murdering spouse under Section 732.802, Florida Statutes (1985). We affirm. In November…court held that Mrs. Howard was barred by Section 732.802 from receiving any benefits under the will or Florida…maintains that the principle embraced by Section 732.802 that a wrongdoer should not profit by his wrongdoing

Baumer v. Howard

Court: Fla. Dist. Ct. App. | Date Filed: 1989-04-07T00:00:00-07:00

Citation: 542 So. 2d 400

Snippet: killed her husband, thus disqualifying her under 732.802, Florida Statutes (1985), from benefiting from …that she was therefore disqualified under Section 732.802. The attorneys for the Howard children joined forces…petition to determine beneficiaries that Section 732.802 should apply to preclude Mrs. Howard from taking… the widow as a murdering spouse under Section 732.802. In an opinion filed on the same date as this opinion