Posted by Laura Podger, Trainee
The Forfeiture rule – when is relief granted?
The Forfeiture Rule is a well known concept under common law. If someone unlawfully kills another person (murder or manslaughter) the Forfeiture Rule will prevent them from inheriting under the deceased`s estate.
However, a relief does exist under the Forfeiture Act 1982. This gives the court a discretionary power to waive the rule, provided that the killer has not been convicted of murder. The exercise of this discretion was evident in the recent case of Macmillan Cancer Support v Hayes.