Forfeiture Rule and Law of Succession

Jonathan Djanogly Excerpts

Tuesday 6th December 2011 Written Statements

[The Parliamentary Under-Secretary of State for Justice (Mr Jonathan Djanogly)]

I am today announcing that I have made an order to bring sections 1, 2 and 3 of the Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011 (the Act) into force on 1 February 2012. The Act implements, with modifications, recommendations of the Law Commission.

The Act amends the law of succession in England and Wales where a person disclaims (that is, rejects) an inheritance or is disqualified from receiving an inheritance by reason of the forfeiture rule. The forfeiture rule is defined in section 1 of the Forfeiture Act 1982 as meaning the rule of public policy which in certain circumstances precludes a person who has unlawfully killed another, or unlawfully aided, abetted, counselled or procured the death of that other, from acquiring a benefit in consequence of the killing.

In both these situations, the Act has the effect that the person who disclaims or whose inheritance is forfeited is treated, for the purpose of deciding who may inherit, as having died immediately before the testator or intestate. This will have the effect on intestacy that persons claiming through the person who is deemed to have died, such as his or her children, will be able to inherit. Where there is a will, the identity of the person entitled to the property instead of the person who is deemed to have died will depend on the terms of the will.

The Act also amends the law so that a child is able to inherit his or her parent’s interest in an intestate estate, where the parent dies neither married nor civil partnered before the age of 18 and the child is alive at the time of the intestate’s death.