References: [2014] EWHC 3055 (Ch)
Links: Bailii
Coram: Pelling QC HHJ
Ratio: The court considered the division of the estate under the 1982 Act, after a beneficiary had been found to have killed the Deceased. The applicant had been sectioned under the 1983 Act and sought the disapplication of the 1982 Act.
Held: The circumstances offered did not allow disapplication of the Forfeiture rule.
Statutes: Forfeiture Act 1982, Mental Health Act 1983
This case cites:
- Cited – In the Estate of Cunigunda Crippen deceased ([1911] P 108)
Dr Crippen notoriously survived his wife. Between the date of his conviction for her murder and the carrying out of the death sentence passed on him, Dr Crippen made a will naming Ethel Le Neve as the sole executrix and universal beneficiary. Ethel . . - Cited – In the Estate of Julian Bernard Hall deceased; In re RH CA ([1914] P 1)
The rule against an offender benefitting from his crime applies not just in cases involving a conviction for murder.
Held: The court rejected a suggestion that a distinction should be drawn between cases of murder and manslaughter. Lord . . - Cited – Gray v Barr CA ([1971] 2 QB 554)
A husband had accidentally shot and killed his wife’s lover after threatening him with a shotgun.
Held: The court confirmed the decision at first instance. He was not liable to be indemnified by his insurers for the losses claimed against him . . - Cited – Re H (Deceased) ([1990] 1 FLR 441)
The Plaintiff had stabbed his wife to death while acting under a delusion induced by a reaction to a drug that he had been prescribed.
Held: Public policy did not require in every case of the manslaughter of a spouse that the forfeiture rule . . - Cited – D v L and Others ChD ([2003] WTLR 687, Bailii, [2003] EWHC 796 (Ch))
The claimant had been found guilty of the manslaughter by diminished responsibility of the deceased. He now sought disapplication of the 1982 Act.
Held: The application failed: ‘The reforms introduced by the Homicide Act 1957 were designed to . .
(This list may be incomplete)
Last Update: 01 February 2019
Ref: 537220
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