58.Effect
of intentional killing on intestate succession, wills, trusts, joint assets,
life insurance and beneficiary designations.
a.An
individual who is responsible for the intentional killing of the decedent
forfeits all benefits under this title with respect to the decedents estate,
including an intestate share, an elective share, an omitted spouses, domestic
partners or childs share, exempt property and a family allowance. If the
decedent died intestate, the decedents intestate estate passes as if the killer
disclaimed his share.
b.The
intentional killing of the decedent:
(1)revokes
any revocable (a) disposition or appointment of property made by decedent to
the killer in a governing instrument and any disposition or appointment created
by law or in a governing instrument to a relative of the killer, (b) provision
in a governing instrument conferring a general or special power of appointment
on the killer or a relative of the killer, and (c) nomination in a governing
instrument of the killer or a relative of the killer, nominating or appointing
the killer or a relative of the killer to serve in any fiduciary or
representative capacity; and
(2)severs
the interests of the decedent and the killer in property held by them at the
time of the killing as joint tenants with the right of survivorship or as
tenants by the entireties, transforming the interests of the decedent and
killer into tenancies in common.
c.For
purposes of this chapter: (1) "governing instrument" means a
governing instrument executed by the decedent; and (2) "relative of the
killer" means an individual who is related to the killer by blood,
adoption or affinity and who is not related to the decedent by blood or
adoption or affinity.
L.2004,c.132,s.58;
amended 2005, c.160, s.8; 2005, c.331, s.6.
For
more information, go to http://njwillsprobatelaw.com/3b_7-1_1.html?id=2209&a=
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