Legal Definition
A named beneficiary of a bond, life insurance policy, or other contractual arrangement who feloniously 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.
Basic Definition
Section 252: This section bars individuals who intentionally and feloniously kill the decedent from benefiting under the decedent’s life insurance policies, bonds, or other contracts.
In-Depth Overview and Use Cases
Section 252 ensures that individuals who commit intentional and felonious acts of murder cannot profit from their crimes. This rule applies to named beneficiaries of contractual arrangements, such as life insurance policies. For instance, if a named beneficiary is found guilty of murder, the proceeds are distributed as if the killer predeceased the decedent. Use cases include litigation involving contested life insurance claims, where attorneys need to establish whether a beneficiary is disqualified under this provision. That said, a murder conviction is not a prerequisite to pursuing the enforcement of this code section.
Application & Relevance
Probate attorneys frequently invoke Section 252 in cases involving disputes over life insurance benefits or other contracts. This code ensures equitable distribution and protects the decedent’s estate from being exploited by criminal acts. Attorneys may also work with law enforcement findings to substantiate claims under this section.
Legal Scenario
Financial Elder Abuse
Probate Code Impact
Section 252 bars a beneficiary from receiving benefits under a life insurance policy or other contractual arrangement if they are convicted of intentionally and feloniously killing the decedent. In financial elder abuse cases, this provision can be used to ensure that individuals who harm the decedent cannot benefit from their actions.
Legal Scenario
Inheritance Disputes & Theft
Probate Code Impact
Section 252 ensures that a person found guilty of feloniously killing the decedent cannot inherit from the decedent’s estate or benefit from insurance policies. This provision is crucial in inheritance disputes, especially where one beneficiary is accused of murder, and the estate must decide if they are entitled to the inheritance.
