Category: unlawful killing

‘It is a basic rule of English law that a person who kills someone should not inherit from their victim. The justification behind the rule, known as the forfeiture rule, is that a person should not benefit from their crimes and therefore forfeits entitlement. Many other jurisdictions have the same basic rule for fundamental reasons of public policy, including the need to avoid incentivising homicide. Importantly, however, Parliament passed the Forfeiture Act 1982 to give courts in England and Wales discretion to modify the application of the rule in certain cases, so that some people could inherit from those they had killed after all. Such modification is also possible in some other jurisdictions: It allows judges to consider individual circumstances where the blanket application of a forfeiture rule would cause injustice.’

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OUP Blog, 3rd July 2020

Source: blog.oup.com