Forfeiture rule


Published by a ³ÉÈËÓ°Òô Private Client expert
Practice notes

Forfeiture rule


Published by a ³ÉÈËÓ°Òô Private Client expert

Practice notes
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Forfeiture claims may not be probate actions by definition, but they will inevitably involve Personal representatives and/or beneficiaries in court proceedings.

Forfeiture principle

The background to forfeiture rests in the principle that it would be inequitable to permit the perpetrator of a crime to benefit from that crime.

Forfeiture rule

This rule:

'… means the rule of public policy which in certain circumstances precludes a person who has unlawfully killed another from acquiring a benefit in consequence of the killing.'

It does not matter whether the benefit is acquired by Will or through Intestacy.

Additionally, the rule is extended to include:

'… a person who has unlawfully aided, abetted, counselled or procured the death of that other.'

It seems that the principle and, indeed, the Forfeiture Act 1982 (FoA 1982) itself, only apply to the criminal and:

'… that the crime of one person may prevent that person from the assertion of what would otherwise be a right, and may accelerate or beneficially affect the rights of third persons, but can never prejudice or injuriously affect those rights.'

Thus

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Jurisdiction(s):
United Kingdom
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Key definition:
Forfeiture rule definition
What does Forfeiture rule mean?

The rule of public policy which in certain circumstances precludes a person who has unlawfully killed another (or who has unlawfully aided, abetted or procured the death of another) from acquiring a benefit in consequence of the killing. The rule applies whether the benefit is acquired by Will or through intestacy.

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