20c2106s

§ 2106.  Forfeiture.

(a)  Spouse's share.--

(1)  A spouse who, for one year or upwards previous to the death of the other spouse, has willfully neglected or refused to perform the duty to support the other spouse, or who for one year or upwards has willfully and maliciously deserted the other spouse, shall have no right or interest under this chapter in the real or personal estate of the other spouse.

(2)  A spouse shall have no right or interest under this chapter in the real or personal estate of the other spouse if:

(i)  the other spouse dies domiciled in this Commonwealth during the course of divorce proceedings;

(ii)  no decree of divorce has been entered pursuant to 23 Pa.C.S. § 3323 (relating to decree of court); and

(iii)  grounds have been established as provided in 23 Pa.C.S. § 3323(g).

(b)  Parent's share.--Any parent who, for one year or upwards previous to the death of the parent's minor or dependent child, has:

(1)  failed to perform the duty to support the minor or dependent child or who, for one year, has deserted the minor or dependent child; or

(2)  been convicted of one of the following offenses under Title 18:

section 4303 (relating to concealing death of child);

section 4304 (relating to endangering welfare of children);

section 6312 (relating to sexual abuse of children);

or an equivalent crime under Federal law or the law of

another state involving his or her child;

shall have no right or interest under this chapter in the real or personal estate of the minor or dependent child. The determination under paragraph (1) shall be made by the court after considering the quality, nature and extent of the parent's contact with the child and the physical, emotional and financial support provided to the child.

(c)  Slayer's share.--Any person who participates either as a principal or as an accessory before the fact in the willful and unlawful killing of any person shall not in any way acquire property or receive any benefits as the result of such killing, but such property or benefits shall be distributed as provided in Chapter 88 (relating to slayers).

(d)  Surviving spouse as witness.--The surviving husband or wife shall be a competent witness as to all matters pertinent to the issue of forfeiture under this section.

20c2106v

(Dec. 10, 1974, P.L.867, No.293, eff. imd.; July 9, 1976, P.L.551, No.135, eff. imd.; Mar. 7, 1984, P.L.103, No.21, eff. imd.; Dec. 20, 2000, P.L.838, No.118, eff. 60 days; Oct. 27, 2010, P.L.837, No.85, eff. 60 days)

 

2010 Amendment.  Act 85 amended subsec. (a).

2000 Amendment.  Act 118 amended subsec. (b).

1976 Amendment.  Act 135 amended subsec. (a) and deleted subsec. (b).

1974 Amendment.  Act 293 amended subsec. (c).

Cross References.  Section 2106 is referred to in section 2208 of this title.