N.C. Gen. Stat. » Chapter 31A

N.C. Gen. Stat. § 31A-4

Slayer barred from testate or intestate succession and other rights

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The slayer shall be deemed to have died immediately prior to the death of the decedent and the following rules shall apply:

(1) The slayer shall not acquire any property or receive any benefit from the estate of the decedent by testate or intestate succession or by common law or statutory right as surviving spouse of the decedent.

(2) Where the decedent dies intestate as to property which would have passed to the slayer by intestate succession and the slayer has living issue who would have been entitled to an interest in the property if the slayer had predeceased the decedent, the property shall be distributed to such issue, per stirpes. If the slayer does not have such issue, then the property shall be distributed as though the slayer had predeceased the decedent.

(3) Where the decedent dies testate as to property which would have passed to the slayer pursuant to the will, the devolution of such property shall be governed by G.S. 31-42(a) notwithstanding the fact the slayer has not actually died before the decedent. (1961, c. 210, s. 1; 1999-296, s. 1.)

 

§ 31A-5: Recodified as G.S. 41-64(b) by Session Laws 2020-50, s. 1(b), effective June 30, 2020.

 

Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 1969–2021 · leading case: Misenheimer v. Misenheimer
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Misenheimer v. Misenheimer (1985) nc · cites it 28× “G.S. 31A-4 provides: Slayer barred from testate or intestate succession and other rights.”
Speagle v. Seitz (2001) nc · cites it 3× “For example, the “slayer” statute, N.C.G.S. § 31A-4 (1999), prevents a murderer from acquiring the testate or intestate property of a decedent he willfully and unlawfully killed.”
Locust v. Pitt County Memorial Hospital, Inc. (2002) ncctapp · cites it 6× “Accordingly, Lester Tyson's siblings could only continue the wrongful death action if Brenda Tyson's abandonment mandated that she be treated as having predeceased her husband.”
Ford v. Ford (1986) md · cites it 2× “§ 45-2-803 (1978); N.C. Gen. Stat. § 31A-4 (1984); N.D. Cent.”
State v. Gilmore (1991) nc · cites it 3× “The defendant says that these witnesses were interested in the outcome of the case because they knew that under the slayer statute, N.C.G.S. § 31A-4 (1984), they would benefit from the victim’s estate if his wife and son were convicted of murder.”
Porth v. Porth (1969) ncctapp · cites it 4× “31A-5 and consistent with the clear language of G.S. 31A-4, the slayer cannot be included in this class.”
Mothershed v. Schrimsher (1992) ncctapp · cites it 3× “N.C.G.S. § 31A-4 (1984). The Statute’s plain language clearly bars the slayer from participating in the victim’s, estate.”
Woolbert v. Kimble Glass, Inc. (1999) ncwd · cites it 2× “]” N.C.Gen.Stat. § 31A-4. The Plaintiffs argue that this phrase means that Virginia, as a legal matter, did not predecease her slayer, Joseph, and thus her estate is entitled to benefit from his subsequent death three days later.”
Misenheimer v. Misenheimer (1983) ncctapp “The relevant section of the slayer statute, G.S. 31A-4, provides that “[t]he slayer shall be deemed to have died immediately prior to the death of the decedent .”
Swint by and Through Brown v. Doe (2019) ncctapp · cites it 4× “See N.C. Gen. Stat. § 31A-4 (2018). We note that there is no evidence before us that Ms.”
NEW YORK LIFE INSURANCE COMPANY v. TERRY (2021) ncmd “§ 31A-4. N.C. Gen. Stat. § 31A-11 provides that: [i]nsurance and annuity proceeds payable to the slayer .”
Midland National Life Insurance Company v. Long (2021) ncwd “§ 31A-4. Although Section 31A-3(3) lists five definitions for the term “slayer,” only two definitions are significant in this case.”
— N.C. Gen. Stat. § 31A-4(3) — 1 case
Misenheimer v. Misenheimer (1985) nc “G.S. 31A-4 provides: Slayer barred from testate or intestate succession and other rights.”
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