Are you familiar with the Forfeiture Rule? This fundamental legal principle was created to prevent a person who is responsible for the death of another person, to benefit from their victims’ estate.
The forfeiture rule, established by the Forfeiture Act 1995, prevents a person from benefiting from another person’s estate if they are responsible for the death of the deceased person or another beneficiary. It also applies to prevent an eligible person from asserting a right to family provision under the Succession Act 2006.
In simpler terms, a person cannot benefit from killing another person.
It is important to note that a hearing on the forfeiture rule is a civil proceeding which means that the court may apply the forfeiture rule even when there was insufficient evidence to satisfy the criminal burden of proof beyond a reasonable doubt. In civil proceedings, the burden of proof is on the balance of probabilities.
However, there are exceptions and complexities to consider and the Court has the power to modify the forfeiture rule in certain circumstances.