How the forfeiture rule protects victims’ estates from offenders
If someone is ruled to have killed another person, there are provisions that prevent the offender from benefiting from the victim’s estate. The forfeiture rule applies where the offender is named as beneficiary or would have benefitted through intestacy, the set of rules that determine how the estate is distributed when someone dies without a will.
What is the forfeiture rule?
The forfeiture rule is defined within Section 1 of the Forfeiture Act (1982), which details the consequences for an offender in terms of inheritance. This states that if an individual is ruled to have caused or unlawfully aided, abetted, counselled or procured someone’s death, they cannot benefit from their estate.
There are some instances where a person has killed another and is still able to inherit from them. Where the court deems it necessary, they can modify the forfeiture rule under section 2 of the Act. This may be the case where the offender has been convicted of manslaughter instead of murder, for example.
How is the forfeiture rule applied?
When the estate is administered under the forfeiture rule, the offender is treated as though they have died before the victim. In usual circumstances, if a beneficiary dies before the testator, the default provisions take effect. These are essentially the ‘back-up’ clauses in the will, which detail who will benefit from the estate if the initial intended beneficiary dies before it is administered.
Within a criminal setting, the offender’s role in the death must be proven beyond reasonable doubt for the forfeiture rule to apply. However, in a civil court the burden of proof is more lenient as it must be shown on the balance of probability. Within civil court, if it is more likely than not that if the alleged offender did play a part in the death, they will be unable to benefit from the victim’s estate.
The forfeiture rule may apply where the alleged offender is not charged in criminal court but is tried again in a civil court, such as in the case of Leeson v McPherson below.
Case study: Leeson v McPherson (2024)
The recent case of Leeson v McPherson demonstrates a practical application of the forfeiture rule. Paula Leeson and Donald McPherson were a married couple who went on holiday in Denmark in June 2017. While in Denmark, Leeson died from drowning and McPherson claimed this was an accident. In 2021 a criminal trial was held, but Donald was not convicted due to a lack of evidence.
As of June 2017, Leeson and McPherson held two properties as joint tenants and had seven joint life insurance policies totalling over £3 million in a joint bank account. Leeson had £26,000 in the bank and owed no debts while McPherson had a negative bank balance of -£7,000 and owed almost £60,000 on credit cards and loans.
It was held by Mr Justice Richard Smith that McPherson had unlawfully precluded his wife’s death and the forfeiture rule applied. McPherson was unable to benefit from Leeson’s estate, including the life insurance policies that McPherson had taken out before her death and the properties they owned as joint tenants.
Severance of joint tenancy
Where couples hold property as joint tenants, it usually passes to the survivor automatically on the first death. Where the forfeiture rule applies as in the case above, the joint tenancy is treated as though it has been severed.
This means if the offender owned property jointly with the victim, the offender is unable to benefit through survivorship. Instead, the property owners are treated as tenants in common, where each person’s share passes to the next intended beneficiary in accordance with their will.
Key takeaways on the forfeiture rule
The forfeiture rule serves as a critical safeguard, ensuring that justice extends beyond criminal or civil court rulings to protect the assets and wishes of the deceased. By preventing offenders from profiting from their actions, it reinforces the principle that wrongful conduct should not result in personal gain.
Although cases like these are rare, careful estate planning helps ensure that assets are distributed according to your wishes. Seeking legal advice when drafting a will can provide additional protection and peace of mind.
How can we help you?
For help with estate planning, contact Personal Law Partner Hana Gwyn on 01423 851 101 or email ku.oc1745016143.fcl@1745016143nywgh1745016143.
Thank you to Paralegal Georgia Conway for drafting this article.
