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Unpublished Paper
Arizona's Slayer Statute: The Killer of Testator Intent
ExpressO (2013)
  • Adam D Hansen, Phoenix School of Law
Abstract
In 2012, the Arizona legislature amended its slayer statute to close loopholes that had emerged during years of slayer case litigation. However, in so doing, the Arizona legislature neglected to consider the adverse impact the amendment would have on the trending social consideration of euthanasia. This Article sheds light on the unintended legal consequences of Arizona’s current slayer statute, considering the trending social issue of euthanasia. Part Two briefly presents terms, highlights two legal theories that were used in early American jurisprudence, and gives a short history of the codification of modern slayer statutes. Part Three gives an overview of three loopholes that arose since the codification of Arizona’s slayer statute. Part Four discusses last year’s legislative changes designed to close the loopholes highlighted in Part Three. Part Five introduces the concept of euthanasia and highlights its increasing public awareness, due in large part because of baby boomers. Part Six presents the potential problems created by Arizona’s 2012 amendment to its slayer statute in relation to the existing Arizona euthanasia law. Part Six also proposes a statutory solution that would allow an individual to “opt-out” of Arizona’s slayer statute by manifesting his or her intention to do so in a testamentary document. For baby boomers, end-of-life decisions are approaching. Arizona baby boomers are actively seeking competent estate planning legal advice. This Article updates Arizona practitioners on the amended slayer statute and its impact on those Arizonans contemplating end-of-life planning. This Article also provides remedial considerations for Arizona legislators.
Keywords
  • slayer statute,
  • estates and trusts,
  • legislation,
  • elder law,
  • probate,
  • Adam Kostewicz,
  • Grace Pianka,
  • Douglas Grant,
  • killer,
  • murder,
  • George Sanders
Disciplines
Publication Date
Spring May 23, 2013
Citation Information
Adam D Hansen. "Arizona's Slayer Statute: The Killer of Testator Intent" ExpressO (2013)
Available at: http://works.bepress.com/adam_hansen/2/