Contest a life insurance policy if the beneficiary kills the insured

Contest a Life Insurance Policy if the Beneficiary Kills the Insured: A Florida Case Study

Life insurance is designed to provide financial protection to beneficiaries after the death of the policyholder. When the beneficiary causes the death—especially in cases of intentional killing—the law steps in. It prevents them from benefiting and ensures justice prevails. In Florida, the Florida Slayer Statute governs situations where a beneficiary is accused of causing the death of the insured. This blog will explore the legal implications of these cases. We’ll use a case study to show how Florida law handles such disputes. If a beneficiary intentionally kills the insured, the law may bar them from receiving any life insurance payout.

Case Study: When a Beneficiary Kills the Insured

Imagine a scenario where John, a Florida resident, holds a $500,000 life insurance policy. He names his spouse, Jane, as the sole beneficiary. Tragically, John is found dead, and evidence emerges that Jane intentionally killed him to collect the life insurance payout. In this situation, Florida law would prevent Jane from receiving the proceeds of the life insurance policy.

The Florida Slayer Statute

Under Florida Statutes §732.802, known as the Florida Slayer Statute, anyone who unlawfully and intentionally kills the insured cannot collect life insurance benefits. This law follows the principle that no one should profit from their own wrongful acts—especially in cases of homicide.

The statute applies to both criminal and civil cases. Even if the beneficiary avoids a criminal conviction, a civil court can still bar them from receiving the payout. If the court finds enough evidence of intentional killing, the beneficiary loses their right to the insurance proceeds.

Key Provisions of the Slayer Statute:

• Conviction Not Required: The Slayer Statute can be applied even if the accused is not criminally convicted of the murder. A civil court, which has a lower standard of proof (“preponderance of the evidence”), may still determine that the beneficiary intentionally caused the death of the insured.
• Proceeds Distributed to Contingent Beneficiaries: If the primary beneficiary is disqualified under the Slayer Statute, the life insurance proceeds will be paid to the contingent beneficiary or to the insured’s estate if no contingent beneficiary is named.
• Applicable to Unlawful and Intentional Killing: The statute specifically applies to cases of unlawful and intentional killing, meaning that accidental deaths or deaths resulting from self-defense do not disqualify a beneficiary.

Example Application: Jane vs. The Estate of John

In our case study, Jane would likely face both criminal charges and civil proceedings. If a criminal court finds Jane guilty of John’s murder, the Slayer Statute automatically applies. She would be barred from receiving the life insurance payout. However, even if the court acquits Jane of criminal charges—due to insufficient evidence or other legal factors—the case could still move forward in civil court. There, a judge could still find her responsible based on a lower standard of proof and prevent her from collecting the policy benefits.

In a civil case, the estate of John (or any other interested party) could file a lawsuit to contest Jane’s right to the life insurance proceeds. The civil court would evaluate the evidence under a lower standard of proof. If the court determines that it is more likely than not that Jane intentionally caused John’s death, the Slayer Statute would still bar her from collecting the life insurance benefits.

The proceeds would then be distributed to the contingent beneficiaries named in the policy. If there were no contingent beneficiaries, the life insurance proceeds would be paid to John’s estate, where they would be distributed according to John’s will or, if no will exists, under Florida’s intestacy laws.

How the Slayer Statute Affects Contested Life Insurance Claims

The Slayer Statute ensures that beneficiaries who intentionally kill the insured are disqualified from receiving life insurance proceeds. However, the legal process can be complex, especially when criminal and civil proceedings overlap. Here are some important considerations for those involved in a life insurance dispute under the Slayer Statute:

1. Burden of Proof in Civil Cases

In civil cases, the burden of proof is lower than in criminal cases. A criminal conviction requires proof beyond a reasonable doubt—the highest standard in the legal system. But a civil court uses a lower standard, like proof by a preponderance of the evidence. This means the court only needs to find that it’s more likely than not that the beneficiary caused the insured’s death. So even if the beneficiary avoids a criminal conviction, they can still be disqualified in civil court and lose the right to any life insurance payout.

2. Role of the Insurance Company

Insurance companies often withhold life insurance payouts if there is a pending investigation into the death of the insured. They may file an interpleader action in court, asking the court to decide who should receive the proceeds. In cases where the beneficiary is accused of causing the death, the insurer may seek legal protection from paying the benefits to the wrong party.

3. Contingent Beneficiaries and the Estate

If the primary beneficiary is disqualified under the Slayer Statute, the proceeds will be paid to the contingent beneficiaries. If the policy doesn’t name any contingent beneficiaries, the proceeds generally go to the insured’s estate. From there, the funds are distributed based on the terms of the insured’s will. If there’s no will, Florida’s intestacy law determines who receives the money.

Conclusion: Contesting a Life Insurance Policy Under the Slayer Statute

In Florida, the Slayer Statute plays a key role in stopping beneficiaries from profiting when they cause the insured’s death. The law seeks to ensure that wrongful actions don’t lead to financial gain. If you’re dealing with a life insurance dispute and suspect the beneficiary intentionally caused the death, speak with a lawyer right away. Legal guidance is often essential to protect your rights and navigate the process. A qualified life insurance attorney can help you navigate the legal complexities of the Slayer Statute and fight to try and ensure that you get the benefits you deserve.

Contact Our Florida Life Insurance Lawyers for a Free Consultation

If you need to contest a life insurance policy in Florida due to suspicions that the beneficiary intentionally caused the death of the insured, the Law Offices of Jason Turchin can help. Our experienced life insurance attorneys are well-versed in the Florida Slayer Statute and can assist you in protecting your rights. Call us at 800-337-7755 for a free consultation, or use our live chat feature. You won’t pay us any fees or costs unless we win or settle your case.

Let us try to ensure that justice prevails in life insurance disputes involving the unlawful and intentional killing of the insured.