What happens when a person murders another person….. do you still get an inheritance? What about that person’s children? An interesting ruling from the 4th DCA touches on this issue, read on to find out.
- The case involves a Broward resident Brian Novack, who was killed by his wife Narcy.
- Narcy, who also killed Brian’s mother, wanted to ensure that Brians fortune would pass down to her upon his death.
- Florida statutes section 732.802 also know as the Slayer Statute bars a convicted murderer from benefitting under a will of the decedent which they murdered
- In this case the question was whether the slayer statute extended to the children of Narcy, Brian’s step children, who were also named in Brian’s will.
- The court ruled in this case the the statute was clear and unambiguous as to barring the murderer only, and to extend that bar to the children would be adding words to the statute that are not there.
- The case also touches on undue influence by Narcy in the drafting of the will.
- The appellants claimed that the will should have been deemed void, due to repeated violence and threats made by Narcy towards Brian.
To see more about this case visit this link for a free copy of the decision: 4th DCA Opinions released 9-29-15
To learn more about undue influence visit our FAQ page for a wealth of information on many topics: FAQ’s