🚨 Should Your Beneficiary Be Disinherited If They Commit Murder or Rape?
You work hard your entire life to build an estate. Whether it’s a family home, a business, or financial assets—you want it to go to people who will steward it well.
But what if one of your beneficiaries commits a serious crime like murder or rape?
It may sound extreme, but it’s a real scenario—and one that estate planners must be prepared to address. Thankfully, with the right legal tools and drafting, you can disinherit a beneficiary based on criminal convictions using sentencing-based provisions in your trust.
Let’s explore how it works—and why it’s often a wise part of modern estate planning.
⚖️ Can You Legally Disinherit a Beneficiary for Criminal Behavior?
Yes.
Texas law gives you wide latitude to place conditions on gifts in your revocable or irrevocable trust—as long as those conditions don’t violate public policy.
That means you can absolutely say something like:
“If my beneficiary is convicted of a felony involving violence or sexual misconduct, they are disinherited.”
Or even more specific:
“If my beneficiary is convicted and sentenced to more than 2 years in prison, they receive nothing.”
But you need to actually be more specific than than and think through it more. And we have!
🔧 How Criminal Sentencing Provisions Work in a Trust
You can include a custom criminal clause in your trust document that defines how criminal convictions affect a person’s inheritance.
Some considerations could be:
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Type of crime (felony, violent crime, sexual offense)
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Conviction status
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Length of prison sentence
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Discretion of trustee for edge cases, but that can put liability on the Trustee or invite more lawsuits
Example Provision:
“Any beneficiary who has been convicted of a felony crime involving violence or sexual assault, and sentenced to more than 10 years in prison, shall be deemed to have predeceased the Grantor for all purposes of this trust.”
You can also set tiered reductions:
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5+ year sentence = 25% reduction
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10+ year sentence = 50% reduction
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15+ year sentence = full disinheritance
This lets you protect your legacy while still maintaining fairness and legal clarity.
🧠 Why Include a Criminal Clause in Your Trust?
1. Protect Family Reputation and Resources
You may not want your wealth going to someone who has committed serious harm to others or who brings shame to your family name. Including a criminal clause aligns your estate with your values.
2. Avoid Forced Distributions to Prisoners
If your trust doesn’t say otherwise, a beneficiary who is incarcerated could still:
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Inherit your money or home
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Direct how it’s managed (if they’re also a trustee)
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Cause tax and legal headaches for your other beneficiaries
3. Safeguard Other Beneficiaries
Disinheriting a violent or criminal beneficiary means:
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More inheritance for law-abiding heirs
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Less risk of family conflict
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Increased peace of mind for you
4. Incentivize Good Behavior
Trust clauses can also include good conduct bonuses, like:
“If John has no felony convictions by age 35, he shall receive an additional $100,000.”
Estate planning isn’t just about punishment—it can be about direction and redemption, too.
🛑 What About the Slayer Rule?
Texas (and most states) follow the “Slayer Statute”, which automatically prevents someone from inheriting from a person they killed.
But this only applies to the person they murdered—not others. A person could murder their spouse and still inherit from a grandparent, for instance.
That’s why additional criminal clauses are critical if you want broader protections.
💡 How We Help: Custom Disinheritance Language
At Mike Massey Law, we’ve developed a proprietary set of trust provisions that let clients:
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Disinherit based on crimes
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Tie disinheritance to sentencing length
- Avoid ambiguity or family conflict
We help you think through real-world “what ifs” so you don’t leave your estate vulnerable to chaos or corruption.
🔐 Bonus: Add a No-Contest Clause
Pair your criminal clause with a no-contest clause, which says:
“If a beneficiary contests this trust, they forfeit their share.”
This deters criminal or disqualified heirs from suing the trust—and wasting time and money in court.
✝️ A Note on Grace and Redemption
Some of our Christian clients ask:
“What if the person truly changes?”
Our formula can be based on the 1st conviction, then 2nd conviction, then 3rd strike and you’re out. We can customize them.
But even if they get disinherited fully, think about this. When Jesus forgives us, our sins are fully forgiven, 100%, but that doesn’t mean there won’t be consequences of those sins. One consequence of this type of sin, even for a later born-again believer in Jesus, might be a smaller inheritance or no inheritance. But remember, those who are in Christ will never lack anything in heaven.
✅ Final Thoughts
You don’t have to hope everything “just works out” when it comes to your beneficiaries’ conduct. With smart trust planning, you can:
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Disinherit based on criminal conduct
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Use prison sentencing as a trigger
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Protect your family’s legacy and values
We’ll help you think it through—and write it clearly.
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⚠️ Disclaimer:
This blog is for informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship. For personalized legal guidance, please contact a licensed attorney in your jurisdiction.
