Forfeiture Act 1982

United Kingdom legislation
  • 13 October 1982 (sections 1 to 3 and 5)[2]
  • 31 December 1982 (section 4)[3]
  • Royal assent (sections 6 and 7)
Other legislationRelates toEstates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011
Status: Amended
Text of statute as originally enactedText of the Forfeiture Act 1982 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

Under the English common law rule known as the 'forfeiture rule', a person who has unlawfully killed another is barred from acquiring any benefit as a consequence of the killing, and all inheritance and other rights are normally forfeit. The Forfeiture Act 1982 (c. 34) is an Act of Parliament of the United Kingdom which allows the court to relax or to set aside operation of the rigid common law rule where "the justice of the case" so requires (other than to benefit a murderer).

Contents

Under section 1(1) the 'forfeiture rule' is defined 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". Section 2 provides:

  • (1) The court shall not make an order under this section modifying the effect of the forfeiture rule in any case unless it is satisfied that, having regard to the conduct of the offender and of the deceased and to such other circumstances as appear to the court to be material, the justice of the case requires the effect of the rule to be so modified in that case.
  • (2) Where a court determines that the forfeiture rule has precluded a person (in this section referred to as "the offender") who has unlawfully killed another from acquiring any interest in property ... the court may make an order under this section modifying the effect of that rule.

Section 5 prevents the court from relaxing or setting aside the normal forfeiture rule to benefit a person who has been convicted of murder.

See also

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Sources on co-ownership
Law of Property Act 1925 ss 1(6), 34(2), 36(2) and 184
Trustee Act 1925 s 34(2)
Inheritance Act 1975
Williams v Hensman (1861) 1 J&H 546
Nielson-Jones v Fedden [1975] Ch 222
Re Draper’s Conveyance [1969] 1 Ch 486
Harris v Goddard [1983] 3 All ER 242
Kinch v Bullard [1998] 4 All ER 650
Brown v Raindle (1796) 3 Ves 296, 30 ER 998
Re Dennis [1996] Ch 80
Burgess v Rawnsley [1975] Ch 429
Forfeiture Act 1982 ss 1-2
Re K [1985] Ch 180
TLATA 1996 s 7
TLATA 1996 ss 1, 3, 6, 11-15
White v White [2003] EWCA Civ 924
Insolvency Act 1986 ss 283A and 335A
Re Citro [1991] Ch 142
  • Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011
  • Slayer rule - similar rule in United States law

Notes

  1. ^ Section 6 makes provision for passing similar legislation in Northern Ireland.
  2. ^ Forfeiture Act 1982, s. 7
  3. ^ "The Forfeiture Act 1982 Commencement Order 1982", legislation.gov.uk, The National Archives, SI 1982/1731
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