The Forfeiture Rule: Can You Inherit From Someone You Unlawfully Killed?

The Forfeiture Rule is a long-standing principle of public policy in English law that states “no man shall take advantage of his own wrong.” Specifically, it prevents anyone who has unlawfully killed another person from benefiting from their victim’s estate. Whether through a Will, the Rules of Intestacy, or survivorship in joint property, the killer is legally treated as if they had predeceased the victim. However, under the Forfeiture Act 1982, the court has limited discretion to “relieve” the effects of this rule in exceptional circumstances, such as cases involving domestic abuse or assisted dying. This article explores the absolute nature of the rule and the narrow window for judicial relief.

The Public Policy of Forfeiture Rule

The Forfeiture Rule is not a piece of legislation but a “common law” principle. It is rooted in morality: the law will not assist a person to profit from their crimes.

This rule applies to all forms of unlawful killing, including murder, manslaughter, and even aiding and abetting a suicide. The moment a person is convicted (or even if a civil court finds on the “balance of probabilities” that they caused the death), their right to inherit is instantly severed. They cannot act as an Executor, they cannot receive a legacy, and they cannot take the deceased’s share of a jointly owned home.

How the Estate is Distributed Instead

When the Forfeiture Rule is triggered, the law creates a “legal fiction.” The killer is treated as if they died immediately before the victim.

• If there is a Will: The assets pass to the “substitutionary” beneficiaries named in the document.
• If there is no Will (Intestacy): The estate passes to the next person in the line of succession.
• Joint Property: If the victim and killer owned a house as “joint tenants,” the joint tenancy is automatically “severed.” The killer keeps their own 50% share, but the victim’s 50% share passes into the victim’s estate rather than going to the killer by survivorship.

The 1982 Act: A Mercy Clause

While the rule is absolute for murder, the Forfeiture Act 1982 gives the court the power to modify the rule in cases of manslaughter or assisted dying.

If the court believes that “the justice of the case” requires it, they can allow the killer to inherit some or all of the estate. The court looks at:

• The Conduct of the Deceased: Was the victim abusive?
• The Conduct of the Offender: Was the killing a “mercy killing” or a tragic accident?
• Financial Need: Would the offender be left destitute without the inheritance?

Crucial Exception: The court has zero power to grant relief if the offender is convicted of murder. In murder cases, forfeiture is absolute and permanent.

The Ripple Effect on Families

These cases are arguably the most traumatic in the legal field. Families are often forced to deal with the loss of a loved one while simultaneously grappling with the criminal prosecution of another family member. The legal battle over the estate often feels like a second “trial.” We understand that these situations are fraught with complex emotions, shame, anger, and profound sadness. Our role is to ensure that the legal process regarding the estate is handled with the necessary distance and professionalism to protect the remaining family members.

The 3-Month Deadline for Relief

If you are seeking “relief” from the Forfeiture Rule (for example, in a case of assisted dying or a domestic abuse-related manslaughter), you must act with extreme speed. An application for relief under the 1982 Act must be made within three months of the conviction. If you miss this window, the court loses its power to help you, and the forfeiture becomes permanent regardless of the circumstances.

Navigating the Impossible: Forfeiture Rule

Disputes involving the Forfeiture Rule require a unique blend of criminal law knowledge and probate expertise. Whether you are an Executor trying to protect an estate from a convicted individual, or you are seeking relief in a complex manslaughter case, we can provide the discreet, expert guidance you need. Contact us today for a private consultation.

Learn more about No Win, No Fee in our guide: Contesting a Will with No Win, No Fee? Understanding the Cost-Benefit of Pursuing Your Claim

Get your free, no-obligation case assessment. Call 08002980029 or visit contestawilltoday.com

FAQs

1. Does the Forfeiture Rule apply if the person is found “Not Guilty by Reason of Insanity”?

No. If a person is legally insane at the time of the killing, they are not deemed to have committed an “unlawful” act in the criminal sense. In these rare cases, the Forfeiture Rule does not apply, and the individual may still be able to inherit from the estate.

2. What happens to the killer’s children? Can they still inherit?

Historically, if a killer was “skipped over,” their children were often excluded too. However, the Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011 changed this. Now, the children of the killer can usually inherit their parent’s share as if their parent had actually died, ensuring that the “sins of the father” do not disinherit the grandchildren.

3. Does the rule apply to life insurance policies?

Yes. A person who unlawfully kills another cannot claim the payout on a life insurance policy where they are the beneficiary. The money instead usually falls into the deceased’s estate to be distributed to others.