Missouri Revised Statutes Title XXXI. Trusts and Estates of Decedents and Persons Under Disability § 461.054. Disqualification for fraud, duress and undue influence and causing owner's death--proceeding to determine disqualification

1. A beneficiary designation or a revocation of a beneficiary designation that is procured by fraud, duress or undue influence is void.

2. A beneficiary who willfully and unlawfully causes or participates with another in causing the death of the owner, or the insured individual under a life insurance policy or certificate, is disqualified from receiving any benefit of a nonprobate transfer from the owner or any proceeds payable as a result of the death of an individual insured under a life insurance policy or certificate.  The beneficiary designation shall be given effect as if the disqualified beneficiary had disclaimed it.  The fact that a beneficiary willfully and unlawfully caused or participated with another in causing the death of the owner may be established by a criminal conviction or guilty plea, after the right of direct appeal has been exhausted, or determined in a proceeding pursuant to subsection 3 of this section using a preponderance of the evidence standard.

3. On petition of any interested person or the transferring entity, the trier of fact shall determine whether a beneficiary designation or a revocation of a beneficiary designation is void by reason of subsection 1 of this section or whether subsection 2 of this section applies to prevent any person from receiving any benefit of the nonprobate transfer.  The trier of fact may mitigate the effect of subsection 1 or 2 on any person as the trier of fact determines justice requires.  Any party may demand a jury trial.


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