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ARTICLE · 14 JUNE 2021

The Forfeiture Rule Explained

RFB Legal
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The forfeiture rule is a longstanding legal maxim, later written into law by the Forfeiture Act 1982.

United KingdomFamily and Matrimonial
Ronald Fletcher Baker LLP
Ronald Fletcher Baker LLP

The Forfeiture Rule

The forfeiture rule is a longstanding legal maxim, later written into law by the Forfeiture Act 1982 (the Forfeiture Act), precluding a person who has unlawfully killed another from benefiting as a result of the killing in certain circumstances. This would generally mean that someone who has been convicted of causing a death would not be able to benefit from the estate of the person who had died.

However, the Forfeiture Act does provide the courts with discretion to modify or exclude the effect of the rule. Kate Farkins, from Ronald Fletcher Baker's Private Client department, examines two recent cases in which applications were made to the court to disapply this rule to assess when it may be appropriate to allow a beneficiary who has unlawfully killed to still inherit.

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