A Constructive Trust is Not Enough - Enacting a Slayer Statute to Better Protect a Decedent’s Heirs

Authors

Joseph William Padjune III, Texas A&M University School of LawFollow

Document Type

Student Article

Abstract

This Comment explores how Texas’s common law constructive trust solution used to address the “slayer problem” (the problem that occurs when a person kills an individual they would inherit from) has some substantial limitations and explains how this system would be enhanced by enacting a complementary slayer statute. The current constructive trust doctrine fails to adequately protect a victim’s heirs, is too variable in its application, and creates too much uncertainty. By adopting the slayer statute proposed in this Comment, or one similar, the Texas Legislature can better protect a victim’s estate and their heirs. The overall aim of this Comment is to create a hybrid solution to the slayer problem by combining the strengths of a slayer statute with the flexibility of the constructive trust doctrine.

DOI

10.37419/JPL.V11.I2.7

First Page

411

Last Page

432

Recommended Citation

Joseph W. Padjune III, A Constructive Trust is Not Enough - Enacting a Slayer Statute to Better Protect a Decedent’s Heirs, 11 Tex. A&M J. Prop. L. 411 (2025).
Available at: https://doi.org/10.37419/JPL.V11.I2.7