Definition
The Forfeiture Rule prevents anyone who unlawfully kills another person from inheriting from their victim's estate or receiving any financial benefit arising from the death.
This public policy principle ensures that no one can profit from their own crime.
What Does Forfeiture Rule Mean?
The Forfeiture Act 1982 defines the forfeiture rule as "the rule of public policy which in certain circumstances precludes a person who has unlawfully killed another from acquiring a benefit in consequence of the killing." This principle applies automatically when someone is convicted of unlawfully killing another person—whether through murder, manslaughter, or causing death by dangerous driving. The rule prevents inheritance under wills and intestacy rules, and extends to jointly-held property, life insurance policies, pension death benefits, and any other financial advantage from the victim's death.
The critical distinction lies between murder and other unlawful killings. For murder, Section 5 creates an absolute bar with zero exceptions—no court can grant relief. Sarah, convicted of murdering her uncle to inherit his £2 million estate, cannot benefit despite being named sole beneficiary. However, for manslaughter, courts possess discretion under Section 2 to modify the rule if "the justice of the case requires it." Courts consider the offender's moral culpability, the deceased's conduct, their relationship, and circumstances. Relief applications must be made within three months of conviction. In Ninian v Findlay (2019), the court granted relief to a woman who assisted her husband's suicide, recognizing his explicit wishes.
The Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011 introduced the "deemed predecease rule" protecting innocent descendants. The 2011 Act treats the person subject to forfeiture as having died immediately before their victim, meaning their descendants can inherit in their place. If James murders his mother but has two children, those grandchildren can still inherit as if James had predeceased his mother.
Common Questions
"What happens if someone murders a person to get their inheritance—can they still inherit?" No. The forfeiture rule absolutely prevents anyone convicted of murder from inheriting from their victim, regardless of what the will says. Section 5 of the Forfeiture Act 1982 prohibits courts from granting relief with zero exceptions. The inheritance passes to the next entitled beneficiaries.
"If someone is convicted of manslaughter rather than murder, can they still inherit?" Possibly. Unlike murder convictions, manslaughter allows courts to modify or waive the forfeiture rule if "the justice of the case requires it." Courts consider the offender's moral culpability, the deceased's conduct, their relationship, and circumstances. Relief applications must be made within three months of conviction.
"Does the forfeiture rule punish the killer's innocent children too?" No—not since 2011. The "deemed predecease rule" treats the killer as having died immediately before their victim, meaning their innocent children (the victim's grandchildren) can inherit in their place if the will or intestacy rules allow substitution.
Common Misconceptions
Myth: The forfeiture rule only applies if someone killed the victim specifically to inherit their money.
Reality: The forfeiture rule applies to ALL unlawful killings, regardless of motive. The benefit need only be a consequence of the killing—not the motivation for it. Someone convicted of manslaughter during a fight still cannot inherit, even if they had no idea they were a beneficiary.
Myth: Courts can make exceptions to the forfeiture rule in compassionate circumstances, even for murder convictions.
Reality: Absolutely not for murder. Section 5 of the Forfeiture Act 1982 explicitly prohibits courts from granting relief to anyone convicted of murder, no matter how sympathetic the circumstances. Relief is ONLY possible for manslaughter and other unlawful killings.
Related Terms
Understanding the Forfeiture Rule connects to these related concepts:
- Beneficiary: The forfeiture rule removes beneficiary status if someone unlawfully kills the testator.
- Inheritance: The forfeiture rule prevents inheritance through both wills and intestacy rules.
- Court Discretion: Courts can modify the rule for non-murder killings if justice requires it.
- Disinheritance: The forfeiture rule operates as automatic, legally-imposed disinheritance.
Related Articles
- What Makes a Will Invalid in the UK?: The forfeiture rule invalidates specific gifts to the killer while the rest of the will remains effective.
- How to Contest a Will in the UK: Forfeiture prevents killers from contesting wills or bringing inheritance claims.
- Grounds for Contesting a Will: Understanding how forfeiture interacts with other legal challenges in estate disputes.
- The Inheritance Act 1975 Explained: The forfeiture rule bars killers from bringing family provision claims.
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Legal Disclaimer: This glossary entry provides general information about UK legal terminology and does not constitute legal advice. For advice specific to your situation, consult a qualified solicitor.