Idaho State Statutes - Idaho Attorney Directory

(a) (1) "Slayer"
shall mean any person who participates, either as principal or as an accessory
before the fact, in the wilful and unlawful killing of any other person.
(2) "Decedent" shall mean any person whose life is so taken.
(3) "Property" shall include any real and personal property and any right
or interest therein.
(b) No slayer shall in any way acquire any property or receive any
benefit as a result of the death of the decedent, but such property shall pass
as provided in the sections following.
(c) The slayer shall be deemed to have predeceased the decedent as to
property which would have passed from the decedent or his estate to the slayer
under the statutes of descent and distribution or have been acquired by
statutory right as surviving spouse or under any agreement made with the
decedent.
(d) Property which would have passed to or for the benefit of the slayer
by devise or legacy from the decedent shall be distributed as if he had
predeceased the decedent.
(e) Any community property which would have passed to or for the benefit
of the slayer by devise, legacy or intestate succession from the decedent
shall be distributed as if he had predeceased the decedent.
(f) Property in which the slayer holds a reversion of vested remainder
and would have obtained the right of present possession upon the death of the
decedent shall pass to the estate of the decedent during the period of the
life expectancy of decedent; if he held the particular estate or if the
particular estate is held by a third person it shall remain in his hands for
such period.
(g) Any interest in property whether vested or not, held by the slayer,
subject to be divested, diminished in any way or extinguished, if the decedent
survives him or lives to a certain age, shall be held by the slayer during his
lifetime or until the decedent would have reached such age, but shall then
pass as if the decedent had died immediately thereafter.
(h) As to any contingent remainder or executory or other future interest
held by the slayer, subject to become vested in him or increased in any way
for him upon the condition of the death of the decedent:
(1) If the interest would not have become vested or increased if he had
predeceased the decedent, he shall be deemed to have so predeceased the
decedent.
(2) In any case the interest shall not be vested or increased during
period of the life expectancy of the decedent.
(i) (1) Property appointed by the will of the decedent to or for the
benefit of the slayer shall be distributed as if the slayer had predeceased
the decedent.
(2) Property held either presently or in remainder by the slayer, subject
to be divested by the exercise by the decedent of a power of revocation or a
general power of appointment shall pass to the estate of the decedent, and
property so held by the slayer, subject to be divested by the exercise by the
decedent of a power of appointment to a particular person or persons or to a
class of persons, shall pass to such person or persons, or in equal shares to
the members of such class of persons, exclusive of the slayer.
(j) (1) Insurance proceeds payable to the slayer as the beneficiary or
assignee of any policy or certificate of insurance on the life of the
decedent, or as the survivor of a joint life policy, shall be paid instead to
the estate of the decedent, unless the policy or certificate designate some
person other than the slayer or his estate as secondary beneficiary to him and
in which case such proceeds shall be paid to such secondary beneficiary in
accordance with the applicable terms of the policy.
(2) If the decedent is beneficiary or assignee of any policy or
certificate of insurance on the life of the slayer, the proceeds shall be paid
to the estate of the decedent upon the death of the slayer, unless the policy
names some person other than the slayer or his estate as secondary
beneficiary, or unless the slayer by naming a new beneficiary or assigning the
policy performs an act which would have deprived the decedent of his interest
in the policy if he had been living.
(k) Any insurance company making payment according to the terms of its
policy or any bank or other person performing an obligation for the slayer as
one of several joint obligees shall not be subjected to additional liability
by the terms of this Part if such payment or performance is made without
written notice, at its home office or at an individual's home or business
address, of the killing by a slayer.
(l) The provisions of this Part shall not affect the rights of any person
who, before the interests of the slayer have been adjudicated, purchases or
has agreed to purchase, from the slayer for value and without notice, property
which the slayer would have acquired except for the terms of this Part, 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
Part, 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.
(m) The record of his conviction of having participated in the wilful and
unlawful killing of the decedent shall be admissible in evidence against a
claimant of property in any civil action arising under this Part.
(n) This section shall not be considered penal in nature, but shall be
construed broadly in order to effect the policy of this state that no person
shall be allowed to profit by his own wrong, wherever committed.

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