Legal Definition
In any case not described in Section 250, 251, or 252 in which one person feloniously and intentionally kills another, any acquisition of property, interest, or benefit by the killer as a result of the killing of the decedent shall be treated in accordance with the principles of this part.
Basic Definition
Section 253: This section of the California Probate Code addresses cases where an individual feloniously and intentionally kills another person, stating that any property or benefit acquired as a result of the killing must be treated according to specific principles that prevent unjust enrichment.
In-Depth Overview and Use Cases
Section 253 is part of California’s “slayer rule,” which bars individuals who commit homicide from inheriting from their victim’s estate. This rule ensures that the legal system does not reward intentional wrongdoing. Use Cases: Probate attorneys frequently apply this code in disputes involving beneficiaries accused of killing a decedent. For instance, if a family member is convicted of a felonious and intentional killing, their inheritance rights are extinguished, and the estate is distributed as though the killer predeceased the victim. This code may also be used in civil actions to clarify inheritance rights when criminal proceedings are incomplete.
Application & Relevance
For attorneys, Section 253 is vital in protecting the decedent’s intent and ensuring equitable distribution of assets. It is often referenced in estate disputes involving accusations of wrongful death or intentional harm, providing a legal framework to disqualify the offending party from receiving any benefits.
Legal Scenario
Trust Disputes
Probate Code Impact
Section 253 is used in trust disputes when a beneficiary or potential heir has intentionally killed the decedent. It ensures that the killer cannot benefit from the estate, as their acquisition of property is treated as though they predeceased the decedent. This protects the integrity of the trust, prevents unjust enrichment, and, hopefully, deters criminal conduct intended for financial gain.
Legal Scenario
Contesting a Will
Probate Code Impact
Section 253 is invoked in will contests when a person is accused of intentionally killing the decedent. It removes the killer’s inheritance rights, ensuring that any property or benefit acquired through the killing is not passed down to the killer, and the estate is distributed according to the decedent’s wishes or intestate laws.
