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Forfeiture Act 1982
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: 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 * Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011 * Slayer rule The slayer ...
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England And Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is English law. The devolved Senedd (Welsh Parliament; cy, Senedd Cymru) – previously named the National Assembly of Wales – was created in 1999 by the Parliament of the United Kingdom under the Government of Wales Act 1998 and provides a degree of self-government in Wales. The powers of the Parliament were expanded by the Government of Wales Act 2006, which allows it to pass its own laws, and the Act also formally separated the Welsh Government from the Senedd. There is no equivalent body for England, which is directly governed by the parliament and government of the United Kingdom. History of jurisdiction During the Roman occupation of Britain, the area of present-day England and Wales was administered as a single unit, except f ...
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Estates Of Deceased Persons (Forfeiture Rule And Law Of Succession) Act 2011
The Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011 (c. 7) is an Act of the Parliament of the United Kingdom altering the rules on inheritance in England and Wales. Under the forfeiture rule of English common law, a person may not inherit from someone whom he or she has unlawfully killed. In 2000 the Court of Appeal used that rule to disinherit not only a murderer but also the murderer’s descendants. The Law Commission published a consultation paper covering the issue in October 2003 followed by a final report on 27 July 2005. Their recommendations became the basis for this Act. Under the Act, if a person loses their right to inheritance through the forfeiture rule, or through disclaiming it, that person is to be treated (for purposes of determining inheritance) as having died immediately prior to the testator or the intestate. The Act amends the Administration of Estates Act 1925 and Wills Act 1837 accordingly. The Act received its Royal Assen ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules ...
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Act Of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliament begin as a Bill (law), bill, which the legislature votes on. Depending on the structure of government, this text may then be subject to assent or approval from the Executive (government), executive branch. Bills A draft act of parliament is known as a Bill (proposed law), bill. In other words, a bill is a proposed law that needs to be discussed in the parliament before it can become a law. In territories with a Westminster system, most bills that have any possibility of becoming law are introduced into parliament by the government. This will usually happen following the publication of a "white paper", setting out the issues and the way in which the proposed new law is intended to deal with them. A bill may also be introduced in ...
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United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many List of islands of the United Kingdom, smaller islands within the British Isles. Northern Ireland shares Republic of Ireland–United Kingdom border, a land border with the Republic of Ireland; otherwise, the United Kingdom is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. The total area of the United Kingdom is , with an estimated 2020 population of more than 67 million people. The United Kingdom has evolved from a series of annexations, unions and separations of constituent countries over several hundred years. The Treaty of Union between ...
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Slayer Rule
The slayer rule, in the U. S. law of inheritance, stops a person inheriting property from a person they murdered (so that, for example, a murderer cannot inherit from parents or a spouse they killed). While a criminal conviction requires proof beyond a reasonable doubt, the slayer rule applies to civil law, not criminal law, so the petitioner must only prove the murder by a preponderance of the evidence, as in a wrongful death claim meaning on the civil standard of proof of the balance of probability. Hence, even a slayer who is acquitted of the crime of murder can lose the inheritance by the civil court running the estate. Statutory response to slayers At common law, American courts used two different theories when dealing with early slayer cases. Some courts would disinherit the slayer because of the public policy principle that a slayer should not profit from his crime (No Profit theory). No Profit theory In ''Mutual Life v. Armstrong'' (1886), the first American case to ...
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United Kingdom Acts Of Parliament 1982
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