The Forfeiture Rule and the Law of Succession ... - Law Commission

PART 5
LIST OF RECOMMENDATIONS
5.1 There should be a statutory rule that, where a person forfeits the right to inherit
from an intestate through having killed that intestate, the rules of intestate
succession, as laid down in sections 46 and 47 of the Administration of Estates
Act 1925 (as amended), should be applied as if the killer had died immediately
before the intestate. (Paragraph 3.33.)
5.2 Where a person forfeits a benefit under an intestacy through having killed the
deceased, but as a result of our reforms property devolves on or is held for a
minor descendant of the killer, the court should have power to order that the
property be held by the Public Trustee, who should administer it so as to avoid
benefit to the killer. (Paragraph 3.37.)
5.3 Where a person forfeits a benefit under a will through having killed the testator,
the will should be applied as if the killer had died immediately before the testator,
unless the will contains a provision to the contrary. (Paragraph 4.11.)
5.4 Where a person forfeits a benefit under a will through having killed the deceased,
but as a result of our reforms property devolves on or is held for a minor
descendant of the killer, the court should have power to order that the property be
held by the Public Trustee, who should administer it so as to avoid benefit to the
killer. (Paragraph 4.13.)
5.5 Where a person disclaims an inheritance, either under a will or under the law of
intestacy, the inheritance should devolve as if the person disclaiming had died
immediately before the deceased. (Paragraph 4.28.)
5.6 Where a person loses a benefit under intestacy by dying unmarried and a minor,
but leaves children or remoter issue, the property should devolve as if that person
had died immediately before the intestate. (Paragraph 4.34.)
STEVE HUMPHREYS, Chief Executive
4 July 2005
(Signed) ROGER TOULSON, Chairman
HUGH BEALE
STUART BRIDGE
JEREMY HORDER
MARTIN PARTINGTON
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