What must be established for the forfeiture rule to apply if there is no murder conviction?

For the forfeiture rule, which prevents an individual from inheriting from someone they have unlawfully killed, to be applicable in the absence of a murder conviction, it is necessary to establish that the killing was unlawful or intentional. This is because the principle behind the forfeiture rule is that a person should not benefit from their wrongful act, and the seriousness of that wrongful act is underscored by the nature of the killing.

While evidence of a premeditated motive might suggest an intention to kill, it is ultimately the act itself—specifically that the act was either unlawful or intentional—that triggers the forfeiture. The law does not require a criminal conviction to apply the forfeiture rule; rather, the courts can look at the surrounding facts and circumstances of the case to determine the nature of the killing.

In contrast, witness accounts or confessions may provide context or additional evidence, but they are not necessary to establish the essential criteria for the application of the forfeiture rule. Therefore, demonstrating that the killing was unlawful or intentional meets the legal threshold required for forfeiture to apply.