The claimant had been convicted of the manslaughter of his mother, and sentenced to be detained for treatment in a mental health hospital. It was thought unlikely he would ever be fit to be released. He would otherwise have inherited under her will. He now sought disapplication of the rule under the 1982 Act.
Held: As to interests under discretionary trusts executed by te deceased in her lifetime, the forfeiture rule did not apply.
David Cooke HHJ
[2015] EWHC 3469 (Ch)
Bailii
Mental Health Act 1983 37, Forfeiture Act 1982 2 3, Forfeiture Act 1986 1(1)
England and Wales
Wills and Probate
Updated: 07 January 2022; Ref: scu.556455
