New Case: Willingham v. Matthews

In Willingham v. Matthews, a husband killed his wife and then took his own life.  Under Alabama’s slayer statute, the slayer is not entitled to any benefits under the victim’s will or as beneficiary of any non-probate property, and the victim’s estate and non-probate property is distributed as if the slayer had predeceased the victim. Ala. Code § 43–8–253. The wife’s personal representative brought an action for a declaration that the slayer’s estate would be distributed as if the slayer had predeceased the victim, which would mean that the husband’s estate and at least some non-probate property would pass to his wife’s estate and moved for summary judgment. The court held that under the plain meaning of the statute its provisions applied only to the disposition of the estate of the victim.  Willingham v. Matthews, No. 1130890, 2014 WL 4666962 (Ala. Sept. 19, 2014).

Special thanks to William LaPiana (Professor of Law, New York Law School) for bringing this case to my attention.