Florida Statute 736.1104
“Person not entitled to receive property or other benefits by reason of victim's death”
What it means
The trust slayer rule. A beneficiary who unlawfully and intentionally kills — or participates in procuring the death of — the settlor, or another person on whose death the beneficiary's interest depends, takes no trust interest dependent on that death, homestead included. The forfeited interest devolves as though the killer had predeceased the victim. A final murder conviction in any degree is conclusive; without one, the court decides by the greater weight of the evidence.
Subsection (3) extends the same forfeiture to a beneficiary convicted in any state or foreign jurisdiction of abuse, neglect, exploitation, or aggravated manslaughter of an elderly person or disabled adult — unless a capacitated victim later ratifies the gift in a sworn, witnessed writing.
- Applies to killing the settlor or another person on whose death the beneficiary's interest depends.
- A final murder conviction in any degree is conclusive; otherwise the court applies the greater-weight-of-the-evidence standard.
- The forfeited interest — including homestead — devolves as though the killer predeceased the victim.
- Convictions in any state or foreign jurisdiction for abuse, neglect, exploitation, or aggravated manslaughter of an elderly or disabled victim trigger the same forfeiture, with a rebuttable presumption.
- Escape hatch: a capacitated victim may ratify by a valid written instrument, sworn to and witnessed by two competent witnesses, proved by clear and convincing evidence.
How it plays out
We see §736.1104 raised in two ways. The rare one is homicide. The common one is subsection (3): a family member already convicted of exploiting an elderly parent who still expects a trust distribution. The forfeiture is not automatic paperwork — someone must raise it in the trust proceeding, and without a qualifying conviction the greater-weight hearing is a real trial. When the facts are there, the statute does what families hope: the interest passes as if the wrongdoer had died first.
Where this shows up
Pages on this site where § 736.1104 does real work:
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