§ 31A-4 — Slayer barred from testate or intestate succession and other rights

North Carolina § 31A-4

• Jurisdiction: North Carolina
• Ch. 31A: Acts Barring Property Rights
• Art. 3: Willful and Unlawful Killing of Decedent

Text

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.