In re Heather Elizabeth Jones Deceased, Jones v Midland Bank Trust Company Limited; Perry and Others: CA 17 Apr 1997

The will gave the residue of the estate to the testatrix’s son, but if he predeceased her to her nephews. The son was convicted of her murder. The court had to decide whether the gift fell into residue, when the son requested the court to disapply the forfeiture rule.
Held: Disentitlement under a will because of murder leaves the will to be read as it had been worded; no re-interpretation should be undertaken. A declaration was made in favour of an intestacy.


Lord Justice Nourse Lord Justice Henry Sir Patrick Russell


Times 29-Apr-1997, [1997] EWCA Civ 1427


Forfeiture Act 1982


England and Wales


CitedHunter’s Executors, Petitioners IHCS 1992
The testatrix left the residue of her estate absolutely to her husband ‘whom failing should he predecease me or should we die simultaneously or be held to have died simultaneously to any child or children born or to be born to me and the said Andrew . .
CitedRe the Estate of Robertson, deceased ChD 1963
The testator appointed Marsden sole executor and beneficiary, but if Marsden should die within the testator’s lifetime his (M’s) adopted daughter should be the sole executrix and beneficiary. M was found guilty of the murder of the testator. The . .
CitedIn Re Sinclair, deceased CA 1985
The testator, a divorcee had already made a will leaving his estate to his wife, with a proviso that if she predeceased him or did not survive him for one month his estate should go to the Imperial Cancer Research Fund. He died in 1963. His former . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate

Updated: 06 November 2022; Ref: scu.141823