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ARTICLE · 17 OCTOBER 2018

Inheritance and wrongful death – judicial discretion to reflect community values

Bartier Perry Solicitors
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Discussion of the forfeiture rule (now reflected in the Forfeiture Act 1995 (NSW)) and its application.

AustraliaFamily and Matrimonial
Gerard Basha
Gerard Basha
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The general (common) law recognises the operation of an unwritten rule of public policy that precludes a person who has killed another person from acquiring a benefit as a result of the death.

This unwritten rule has been tried and tested in many cases with attempts to relax the rule in certain circumstances such as extreme domestic violence. In New South Wales, the unwritten rule and its operation is now reflected in the Forfeiture Act 1995 (NSW). A recent helpful and somewhat novel decision of Lindsay J in the NSW Supreme Court (Court) case of Re Settree Estates: Robinson v Settree [2018] NSWSC 1413 exemplifies the involved considerations when determining the operation of the Forfeiture Act.

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