What is the forfeiture rule in probate?

The forfeiture rule prevents a convicted person from benefitting from their crime in any way. In the context of estate administration, the forfeiture rule would prevent a beneficiary from receiving their inheritance in the event that they were criminally responsible for somebody's passing.

This rule comes into play in tragic family circumstances - domestic violence cases, mercy killings, or where mental health problems have led to unlawful killings. Families going through these situations need to understand how the forfeiture rule works.

When does the forfeiture rule apply?

The forfeiture rule applies when someone has been convicted of unlawfully killing another person whose estate would otherwise benefit them. This covers inheritance under a will, intestacy rules, or joint property ownership.

Once there's a conviction, the rule operates automatically and blocks all benefits from the deceased's estate - inheritance, life insurance payouts, jointly owned property. The seriousness of the crime or what led to it doesn't stop the rule from applying.

Can the forfeiture rule be modified?

The Forfeiture Act 1982 gives courts power to modify or exclude the forfeiture rule to ensure "justice of the case". Courts can grant full or partial relief where circumstances justify this.

Relief applications must be made within three months of conviction, though courts may extend this deadline in exceptional cases. Courts look at the perpetrator's moral blame, what happened during the killing, and whether relief serves justice

How does the forfeiture rule affect different types of property?

Jointly owned property

The forfeiture rule affects jointly owned property when one co-owner unlawfully kills the other. In Leeson v McPherson [2024] EWHC 2277 (Ch), the High Court confirmed that the forfeiture rule severed a joint tenancy where a husband unlawfully killed his wife. Where a joint tenant murders their co-owner, the murderer won't automatically inherit the deceased's share through survivorship. The joint tenancy gets severed, and the deceased's share becomes a tenancy in common, passing to the next beneficiary under their will or intestacy rules.

Wills and intestacy

When the forfeiture rule applies to will or intestacy inheritance, the perpetrator is treated as having given up their benefit. The inheritance then goes to whoever would have received it if the perpetrator had never been entitled.

Who inherits if someone is unlawfully killed?

The 'deemed predecease' rule came from a 2011 amendment to the Wills Act 1837. This treats the killer as having died immediately before their victim. This lets the perpetrator's children inherit in certain situations - for example, where the will says the perpetrator inherits first, but if they died before the victim, their children would inherit instead.

This stops the perpetrator's children being punished for their parent's actions, provided the will or intestacy rules would have let them inherit anyway.

Real examples from recent cases

Mercy killing circumstances - Withers Trust Incorporation v Estate of Goodman [2023] EWHC 2780 (Ch)

The Court used its discretion to modify the forfeiture rule and granted full relief in a 'mercy killing' case. The Personal Representatives of Adrian Berry's Estate applied for relief after he helped his terminally ill wife end her life before taking his own.

The forfeiture rule would have stopped Mr Berry's estate benefiting from his wife's estate. The court examined Mrs Goodman's medical records and her husband's eulogy, finding his actions were a last resort to end his wife's pain and suffering.

Full relief was granted because the judge found Mr Berry's moral culpability extremely low, letting his estate receive the benefit from his wife's estate.

Domestic violence circumstances - Challen v Challen [2020] EWHC 1330 (Ch)

Mrs Challen killed her husband and pleaded guilty to manslaughter by diminished responsibility. She suffered a psychiatric illness from the coercive control her deceased husband exercised. The judge ruled the killing was still deliberate and the forfeiture rule applied.

The judge then considered whether to use his discretion to disapply the forfeiture rule. Disapplying it would mean Mrs Challen inherited the deceased's estate rather than her two sons. The judge concluded justice required him to disapply the forfeiture rule but warned that every case must be decided on its own merits.

What should you do if the forfeiture rule affects you?

If the forfeiture rule might affect an estate you're involved with, get specialist legal advice.

You'll need to collect relevant evidence - medical records, witness statements, documentation about how the death happened. The court needs detailed evidence to decide whether relief from the forfeiture rule fits your particular situation.

Applications usually resolve within several months, though complicated cases take longer. The court's decision depends entirely on each case's specific facts, making professional legal help essential throughout.