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2021 Regular Session
SENATE BILL NO. 126
BY SENATORS MIZELL AND PEACOCK
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SUCCESSIONS. Prohibits an unworthy successor from directly or indirectly benefiting
from the death of his spouse or his child. (gov sig)
1 AN ACT
2 To amend and reenact Civil Code Arts. 941, 944, and 946 and R.S. 22:901(D)(2), and to
3 enact Code of Evidence Art. 412.6 and R.S. 22:902.1, relative to the devolution of
4 assets of certain crime victims; to provide for public policy; to provide relative to
5 actions to declare a successor unworthy; to provide relative to testimony and
6 evidence in succession proceedings; to provide for devolution of the succession
7 rights; to provide relative to life insurance policies and certain victims of domestic
8 violence resulting in death; and to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. Civil Code Arts. 941, 944, and 946 are hereby amended and reenacted to
11 read as follows:
12 Art. 941. Declaration of unworthiness; public policy
13 A. It is against the public policy of the state of Louisiana for a successor
14 who is declared unworthy to benefit from the succession of his victim, either
15 directly or indirectly through his heirs or legatees.
16 B. A successor shall be declared unworthy if he is convicted of a crime
17 involving the intentional killing, or attempted killing, of the decedent or is judicially
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1 determined to have participated in the intentional, unjustified killing, or attempted
2 killing, of the decedent. An action to declare a successor unworthy shall be brought
3 in the succession proceedings of the decedent.
4 C. An executive pardon or pardon by operation of law does not affect the
5 unworthiness of a successor.
6 * * *
7 Art. 944. Prescription; actions and determinations
8 A. An action to declare a successor unworthy is subject to a liberative
9 prescription of five years from the death of the decedent as to intestate successors
10 and five years from the probate of the will as to testate successors.
11 B. The court in the action may proceed with a judicial determination and
12 declaration that a successor is unworthy whether or not a criminal trial of the
13 successor is pending at the time of the action.
14 * * *
15 Art. 946. Devolution of succession rights of successor declared unworthy
16 A. If Except as provided in Subsection B of this Section, if the decedent
17 died intestate, when a successor is declared unworthy his succession rights devolve
18 as if he had predeceased the decedent but if the decedent died testate, then the
19 succession rights devolve in accordance with the provisions for testamentary
20 accretion as if the unworthy successor had predeceased the testator.
21 B. Notwithstanding any provision of law to the contrary, if the successor
22 is declared unworthy and the decedent was the spouse or child of the unworthy
23 successor, the unworthy successor's succession rights shall not devolve and the
24 unworthy successor's rights shall be treated as if the provisions of Article 939
25 were to apply.
26 B.C. When the succession rights devolve upon a child of the successor who
27 is declared unworthy, the unworthy successor and the other parent of the child cannot
28 claim a legal usufruct upon the property inherited by their child.
29 Section 2. Code of Evidence Art. 412.6 is hereby enacted to read as follows:
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1 Art. 412.6. Proceedings to declare a successor unworthy; certain testimony
2 inadmissible
3 In an action to declare a successor unworthy brought pursuant to Civil
4 Code Art. 941, when it is alleged that the successor participated in acts on the
5 same day resulting in multiple killings of persons including the decedent, no
6 testimony or confession of the successor or his legatees or heirs shall be
7 admissible to show the order of death of the decedent.
8 Section 3. R.S. 22:901(D)(2) is hereby amended and reenacted and R.S. 22:902.1 is
9 hereby enacted to read as follows:
10 §901. Insurable interest required; personal insurance; intentional acts exclusion
11 * * *
12 D. * * *
13 (2) Where such a disqualification exists, the policy proceeds shall be payable
14 to the secondary or contingent beneficiary, unless similarly disqualified, or, if no
15 secondary or contingent beneficiary exists, to the estate succession of the insured.
16 Nothing contained in this Section shall prohibit payment pursuant to an assignment
17 of the policy proceeds where such payment defrays the cost and expenses of the
18 insured's funeral or expense incurred in connection with medical treatment of the
19 insured. Nothing contained in this Section shall prohibit payment of insurance
20 proceeds pursuant to a facility of payment clause, so long as such payment is not
21 made to a beneficiary, assignee, or other payee disqualified by this Section.
22 * * *
23 §902.1. Life insurance beneficiaries; victims of domestic violence
24 A. Beginning on January 1, 2022, and thereafter, upon the issuance or
25 renewal of a life insurance policy, the policy shall contain a provision that an
26 insured under the policy shall be considered to have predeceased the
27 beneficiary, assignee, or other payee if all of the following occur:
28 (1) A court of competent jurisdiction finds that the insured is criminally
29 responsible for the death of a beneficiary, assignee, or other payee.
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1 (2) The beneficiary, assignee, or other payee is the insured's spouse or
2 child or was a victim of a domestic violence offence, as provided in Subpart C
3 of Part IV of Chapter 1 of Title 14 of the Louisiana Revised Statutes of 1950,
4 committed by the insured and the insured criminally caused the death of the
5 beneficiary, assignee, or other payee.
6 (3) The insured committed acts that led to his death by suicide on the
7 same day as he committed criminal acts which led to the death of the
8 beneficiary, assignee, or other payee.
9 (4) The policy is payable under the terms of the contract, regardless of
10 the cause of death of the insured.
11 B. The proceeds or portion of the proceeds of the life insurance policy
12 which are considered owed to the beneficiary, assignee, or other payee pursuant
13 to this Section shall be paid into the succession of the beneficiary, assignee, or
14 other payee in the same manner as if the death of the beneficiary, assignee, or
15 other payee had occurred after the insured's death.
16 C. Nothing in this Section is intended to alter the terms of the policy or
17 any coverage exclusion related to certain causes of death of the insured.
18 Section 4. This Act shall become effective upon signature by the governor or, if not
19 signed by the governor, upon expiration of the time for bills to become law without signature
20 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
21 vetoed by the governor and subsequently approved by the legislature, this Act shall become
22 effective on the day following such approval.
23 Section 5. This Act shall be known and may be cited as "Melissa's Law" in memory
24 of Melissa Gail Roy who lost her life and the lives of her children in the ultimate acts of
25 domestic violence.
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The original instrument was prepared by Carla S. Roberts. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Ann S. Brown.
DIGEST
SB 126 Reengrossed 2021 Regular Session Mizell
Present law provides that an heir or legatee to a succession may be declared an unworthy
successor of a succession if he is convicted of a crime involving the intentional killing, or
attempted killing, of the deceased victim, or is judicially determined to have participated in
the intentional, unjustified killing, or attempted killing, of the deceased victim.
Proposed law provides that it is against the public policy of the state for an heir or legatee
who is declared an unworthy successor to benefit from the succession of his deceased victim
either directly or indirectly through his heirs or legatees.
Present law provides that a petition to declare an heir or legatee an unworthy successor must
be brought as part of the succession case and may only be brought by a person who would
replace the unworthy successor in the line of succession.
Present law provides that an action for wrongful death may be brought regardless of the fact
that a criminal trial has not issued a final conviction in a criminal case against the same
defendant, with the civil and criminal cases each having different requirements as to the
burdens of proof.
Proposed law retains present law and provides that in an action to declare a successor
unworthy, the court may proceed with a judicial determination and declaration that a
successor is unworthy whether or not a criminal trial of the successor is pending at the time
of action.
Present law provides that, if the deceased victim died without a last will and testament and
a successor is declared unworthy, then his succession rights will be treated in a manner as
if he had predeceased the deceased victim. If the deceased victim died with a last will and
testament, then the succession rights are controlled by the provisions of the last will and
testament as if the unworthy successor had predeceased the testator. Present law further
provides that, when the succession rights are bestowed upon a child of the unworthy
successor, then the child's parents cannot claim a legal usufruct upon the property inherited
by their child.
Proposed law retains present law as it relates to an unworthy successor who murders his
father, grandfather, or family member other than his wife and child. Proposed law retains
present law which provides that the unworthy successor's child inherits from the child's
grandfather or great-grandfather or other relative of his father as is provided under present
law if the decedent dies without a last will and testament.
Proposed law creates an exception that if the successor is declared unworthy pursuant to
present law and the deceased victim was the spouse or the child of the unworthy successor
then the unworthy successor's succession rights are not transferred to any of his relatives and
are treated as if it had never existed; thereby, putting the deceased victim's children and
relatives by blood or adoption next in line to inherit from the deceased victim's succession,
unless a last will and testament exists.
Present law relative to life insurance policies provides that proceeds are normally paid
directly to the beneficiaries that the insured designated under the policy and are not normally
part of the beneficiary's succession, unless the insured names the succession as the
beneficiary under the policy.
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Present law provides that no beneficiary, assignee, or other payee under any personal or life
insurance policy will receive any benefits from the insurance policy if he is found criminally
responsible for the death, disablement, or injury of the individual insured or participated in
the intentional, unjustified killing of the individual insured. Present law further provides that
where such a disqualification exists, the policy proceeds shall be payable as follows:
(1)When two or more beneficiaries exist who are each entitled to receive a percentage
of the proceeds of the personal or life insurance policy, then the other secondary
beneficiaries, unless similarly disqualified, will divide the portion of the life
insurance proceeds that would have otherwise been paid to the person who was
disqualified because of the criminal act.
(2)If no second beneficiary exists, then the personal or life insurance policy proceeds
would be paid to the contingent beneficiary.
(3)If no secondary or contingent beneficiary exists, then the personal or life insurance
policy proceeds are to be paid to the succession of the insured victim.
Proposed law retains present law and provides that beginning on January 1, 2022, upon the
issuance or renewal of a life insurance policy, the policy shall contain a provision that
provides that an insured under the policy shall be considered to have predeceased the
beneficiary, assignee, or other payee if all of the following occur:
(1)The insured is determined to have been criminally responsible for the death of the
beneficiary, assignee, or other payee under the policy.
(2)The beneficiary, assignee, or other payee is the spouse or child of the insured or was
a victim who obtained an order of protection against domestic abuse and that order
was violated pursuant to present law by the insured who criminally caused the death
of the beneficiary, assignee, or other payee.
(3)The insured is determined to have been responsible for his own death by suicide on
the same day after criminally causing the death of the beneficiary, assignee, or other
payee.
(4)The policy is payable under the terms of the contract regardless of the cause of death
of the insured.
Proposed law provides that the proceeds or portion of the proceeds of the life insurance
policy which are considered owed to the beneficiary, assignee, or other payee shall be paid
into the succession of the beneficiary, assignee, or other payee in the same manner as if their
death had occurred after the insured's death.
Proposed law provides that nothing in proposed law is intended to alter the terms of the life
insurance policy or any coverage exclusion for certain causes of death.
Proposed law provides that the Act shall be known and may be cited as "Melissa's Law" in
memory of Melissa Gail Roy who lost her life and the lives of her children in the ultimate
acts of domestic violence.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends C.C. Arts. 941, 944, and 946, and R.S. 22:901(D)(2); adds C.E. Art. 412.6 and R.S.
22:902.1)
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Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Technical amendments.
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