Mike Muston outlines the extent of judicial discretion when considering relief from the forfeiture rule ‘The forfeiture rule will apply regardless of the moral culpability of the offender. However, the application of the rule is merely the default position and clearly there will be cases at different ends of the spectrum.’ The recent case of …
Continue reading "Forfeiture: Shades of grey"
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Wills & Trusts Law Reports | Spring 2018 #171Peter Thomson and his wife, Sheila Mary Thomson, were a loving and devoted lifelong married couple who had no children. He was 84 and had recently been diagnosed with prostrate cancer and had a grossly enlarged aorta which could rupture at any time. She was aged 88 and, due to the severity of her dementia, had been consigned to live in a care home. They had both made similarly worded wills in favour of each other and, on the death of the survivor, for the benefit of charities and friends. According to the findings of fact made by the coroner, on 18 April 2015 Peter collected Sheila from ...
Ruth Moore sums up planned changes to the Forfeiture Act ‘The Forfeiture Act 1982 formalised case law and worked on the principle that you should not be able to benefit from your crime. If you were named as a beneficiary in a will or on intestacy then the Act operated to deny murderers a right …
Continue reading "Forfeiture: Sins of the fathers"
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