UK Succession Law And The Tragedy Of Unlawful Killing

Forfeiture in Macmillan Cancer Support v Hayes & Another

Unlawful killing and inheritance

A person who has unlawfully killed another may not benefit from the latter's death. That is the forfeiture rule.

As a matter of policy, those guilty of another's death should not be able to inherit from their victim's estate.

There are circumstances in which the tragedy of the original death is compounded by inflexibility in succession law.

The Forfeiture Act 1982 originated from concern that the forfeiture rule would mean that a woman who killed her husband, even if she were found to have no moral culpability, would forfeit all right to succeed to his estate, his interest in the family home, and receive the social security benefits to which a widow would usually be entitled.

Parliamentary intervention

Parliament has intervened twice in the forfeiture rule. Firstly, and most significantly, with the Forfeiture Act 1982. Secondly, more recently, with the Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011.

Both statutes featured in the very recently published decision of Macmillan Cancer Support v Hayes & Another.

modifying the Forfeiture Act The Forfeiture Act 1982 allows a Court to modify the effect of the forfeiture rule where it is satisfied that 'having regard to the conduct of the offender and of the deceased and to such other circumstances as appear to the Court to be material, the justice of the case requires the effect of the rule to be so modified.'

Someone who is convicted of murder cannot benefit but those convicted of other offenses such as manslaughter or encouraging or assisting suicide may.

the 'deemed predecease' rule The effect of forfeiture on innocent third parties was highlighted in the case of Re DWS [2001] in which a son killed both of his parents, neither of whom left a Will. The son was not allowed to inherit from them under the forfeiture rule. But a by product of the forfeiture rule was that the deceased parents' grandson (who would have inherited if his father had predeceased the parents), was also excluded. The parents' estate went to more distant relatives and not their only grandchild.

This gave rise to a 2011 amendment to the 1837 Wills Act which inserted what is known as the deemed predecease rule. It reads as follows:

'This section applies where a will contains a devise or bequest to a person who ... (b) has been precluded by the forfeiture rule from acquiring it.

The person is, unless a contrary...