Henderson v Wilcox [2015] EWHC 3469 (Ch)

Wills & Trusts Law Reports | April 2016 #158

The claimant had been convicted of the manslaughter of his mother (the deceased). He had a low IQ though there was no clear medical view that he suffered from a mental disorder. However, he had not argued that he was unfit to plead and he had not raised a defence of diminished responsibility. He was sentenced to be detained in hospital under s37 of the Mental Health Act 1983. He was detained in a medium security establishment, and it was considered unlikely that he will ever be fit for discharge.

The deceased’s house did not form part of her estate. It had ...

Forfeiture: Crime doesn’t pay

Henderson v Wilcox [2015] sheds light on uncertain aspects of the forfeiture rule. Sarah Playforth analyses the case ‘If a forfeiture issue arises, it is important to look in detail at the nature of the assets and the interests, particularly when and why they were created and whether or not they are affected by the …
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Chadwick v Collinson & ors [2014] EWHC 3055 (Ch)

Wills & Trusts Law Reports | January/February 2015 #146

Lisa Jane Clay (the deceased) and the claimant lived together from about 2003. They had a child together named Joseph, who was six years old in April 2013. From January 2013, they lived at the property at 36 Lowlands Road, Lancashire (the property) which the claimant and the deceased held as joint tenants. The deceased made a will on 18 August 2008 under which the claimant was the sole residuary beneficiary. The net value of the estate was £79,098.87 of which £60,000 comprised the deceased’s interest in the property. The couple’s relationship was at all times entirely stable,...

Succession: Consider what is just

Mark Pawlowski explains the court’s power to relieve an unlawful killer from forfeiture of their victim’s estate ‘The Forfeiture Act 1982 empowers the court to grant relief to a person who has unlawfully killed another and who is precluded, under the forfeiture rule, from acquiring a benefit in consequence of the killing.’ The common law …
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