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
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
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
A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal chang ...
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
A testator () is a person who has written and executed a last will and testament that is in effect at the time of their death. It is any "person who makes a will."Gordon Brown, ''Administration of Wills, Trusts, and Estates'', 3d ed. (2003), p. 556 ...
or the
intestate
Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estat ...
. The Act amends the
Administration of Estates Act 1925 and
Wills Act 1837
The Wills Act 1837 (1 Victc 26 is an Act of the Parliament of the United Kingdom that confirms the power of every adult to dispose of their real and personal property, whether they are the outright owner or a beneficiary under a trust, by will ...
accordingly.
The Act received its Royal Assent on 12 July 2011, and came into force on 1 February 2012.
See also
*
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 Forfe ...
*
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 ...
*
Golden rule (law)
The golden rule in English law is one of the rules of statutory construction traditionally applied by the English courts. The rule can be used to avoid the consequences of a literal interpretation of the wording of a statute when such an interp ...
: describing a similar case from 1935.
Notes
External links
*
{{UK legislation
United Kingdom Acts of Parliament 2011
Inheritance