Slayer statute not prevent suicide assisters from inheriting

Edward Schunk (Stanley, Wisconsin) committed suicide in January 2006 while suffering from non-Hodgkin’s Lymphoma.

There were allegations that his wife and daughter drove him to a cabin, assisted him inside, provided him with a loaded shotgun, and then left.

Edward’s will leaves his wife and daughter 80 acres of land, a $100,000 life insurance policy, equipment from his logging company and other funds.

Edward also had six other children from other relationships whom were left little or nothing of his almost one-half million dollar estate.

Five of these other children contested the will claiming that the Wisconsin slayer statute would prevent them from taking because they intentionally killed Edward.

The Wisconsin court held that even if his wife and daughter had assisted in Edward’s suicide that their conduct was not within the scope of the slayer statute.

In her opinion, Judge Margaret Vergeront stated, “We do not agree that ‘killer’ is commonly understood to mean the person who provides the means that enable another to kill himself or herself.”

She also said “Providing (Edward) with a loaded shotgun did not deprive him of his life: he deprived himself of life by shooting himself with the shotgun.”

See Ryan J. Foley,  Relatives who assist in suicide can inherit , AP.Google.com, Sept. 26, 2008.