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Succession: consider what is just

Succession: consider what is just

Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2014) Succession: consider what is just. Trusts and Estates Law & Tax Journal (162). pp. 8-11. ISSN 1743-5501

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Mark Pawlowski explains the court’s power to relieve an unlawful killer from forfeiture of their victim’s estate

The common law rule of public policy, which prevents a person who has unlawfully killed another from profiting from that death, is intended to act as a disincentive to criminal activity and to reflect public conscience. At the same time, the Forfeiture Act 1982 is intended to militate against the strict application of this rule by giving the court power to grant relief to persons found guilty of unlawful killing (other than murder) from forfeiture of their inheritance and other similar rights. This article examines the forfeiture rule and comments on several cases that explored the nature and scope of relief currently available under the 1982 Act.

Item Type: Article
Uncontrolled Keywords: succession, forfeiture, estates, relief against forfeiture, inheritance claim, murder, manslaughter
Subjects: K Law > KD England and Wales
Faculty / School / Research Centre / Research Group: Faculty of Liberal Arts & Sciences
Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Faculty of Liberal Arts & Sciences > Crime, Law & (In)Security Research Group (CLS)
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Last Modified: 01 Nov 2021 00:11

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