MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Judiciary A

By: Representatives Wells-Smith, Chaney

AN ACT TO AMEND SECTIONS 91-1-25 AND 91-5-33, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PERSON WHO MURDERS HIS OR HER SPOUSE CANNOT INHERIT FROM THE DECEASED SPOUSE'S ESTATE; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 91-1-25, Mississippi Code of 1972, is amended as follows:

91-1-25. If any person wilfully cause or procure the death of his or her spouse or any other person in any way, he or she shall not inherit the property, real or personal, of such other; but the same shall descend as if the person so causing or procuring the death had predeceased the person whose death he perpetrated.

SECTION 2. Section 91-5-33, Mississippi Code of 1972, is amended as follows:

91-5-33. If any person shall wilfully cause or procure the death of his or her spouse or any other person in any manner, he or she shall not take the property, or any part thereof, real or personal, of such other under any will, testament, or codicil. Any devise to such person shall be void and, as to the property so devised, the decedent shall be deemed to have died intestate.

This shall not defeat the title of a bona fide purchaser for value of the property so devised, who acquired the same after one (1) year from the probation of the will without notice that the person to whom the same was devised so caused or procured the death of the testator.

SECTION 3. This act shall take effect and be in force from and after July 1, 1998.