Ala. Code § 43-8-253 (2026)
Effect of Homicide on Intestate Succession, Wills, Joint Assets, Life Insurance and Beneficiary Designations; Effect of Bona Fide Purchase by Third Party or Good Faith Payment by Obligor, Etc.
Effective Oct 1, 2026(Acts 1982, No. 82-399, §2-803; Act 2026-287, §1.)
- (a) A surviving spouse, heir, legatee, or devisee who abuses or feloniously and intentionally kills the decedent may not receive any benefits under the will or under Articles 3 through 10 of this chapter, and the estate of decedent passes as if the killer or abuser had predeceased the decedent. Property appointed by the will of the decedent to or for the benefit of the killer or abuser passes as if the killer or abuser had predeceased the decedent.
- (b) Any joint tenant who abuses or feloniously and intentionally kills another joint tenant shall be deemed severed from the interest of the decedent so that the share of the decedent passes as his or her property and the killer or abuser has no rights by survivorship. This subsection shall apply to all of the following: (i) joint tenancies with the right of survivorship and tenancies in common during the respective lives of the grantees with cross-contingent remainders in fee to the survivor in real and personal property; (ii) joint and multiple-party accounts in banks, savings and loan associations, and credit unions and other institutions; and (iii) any other form of co-ownership with survivorship incidents.
- (c) A named beneficiary of a bond, life insurance policy, or other contractual arrangement who abuses or feloniously and intentionally kills the principal obligee or the individual upon whose life the policy is issued may not receive any benefit under the bond, policy, or other contractual arrangement, and it becomes payable as though the killer or abuser had predeceased the decedent.
- (d) Any other acquisition of property or interest by the killer or abuser shall be treated in accordance with the principles of this section.
(e)
- (1) For the purposes of this section, an individual shall be deemed to have abused another if the individual is convicted of elder abuse and neglect in the first or second degree or financial exploitation of an elderly person in the first or second degree, pursuant to Article 9 of Chapter 6 of Title 13A.
- (2) A final judgment of conviction of felonious and intentional killing, elder abuse and neglect, or financial exploitation of an elderly person is conclusive for purposes of this section.
- (3) The court shall order a final judgment of conviction of felonious and intentional killing, elder abuse and neglect, or financial exploitation of an elderly person to be recorded in the office of the judge of probate in each county in which the decedent or victim owned or owns property. The judgment shall be recorded consistent with the requirements of Section 6-9-210.
- (f) This section does not affect the rights of any individual who, before rights under this section have been adjudicated, purchases from the killer or abuser for value and without notice property that the killer or abuser would have acquired except for this section, but the killer or abuser is liable for the amount of the proceeds or the value of the property.
(g)
- (1) Any insurance company, bank, or other obligor making payment according to the terms of its policy or obligation is not liable by reason of this section unless prior to payment it has received at its home office or principal address written notice of a claim under this section.
- (2) Any individual or entity otherwise facilitating the acquisition of property or interest under subsection (d) is not liable by reason of this section unless prior to the facilitation it has received written notice of a claim under this section.
- (3) No county, county official, or agent of a county or county official is liable by reason of this section.
(Acts 1982, No. 82-399, §2-803; Act 2026-287, §1.)