The court considerd an application under the 1975 Act where the claimant had been convicted of the manslaughter of her husband with a finding of diminished responsibility, and was the sole beneficiary under his will. The Forfeiture Act 1982 was not yet in effect.
Held: The claim was struck out as disclosing no reasonable cause of action and the appeal against that order was dismissed. Reasonable financial provision would have been made by the will, and therefore s1 and 2 of the 1975 Act precluded her application. In any event the rule against benefitting from a criminal act prevented an order.
Citations:
[1985] Ch 22
Statutes:
Inheritance (Provision for Family and Dependants) Act 1975
Cited by:
Cited – J v S T (Formerly J) CA 21-Nov-1996
The parties had married, but the male partner was a transsexual, having been born female and having undergone treatment for Gender Identity Dysphoria. After IVF treatment, the couple had a child. As the marriage broke down the truth was revealed in . .
Lists of cited by and citing cases may be incomplete.
Family, Wills and Probate
Updated: 30 April 2022; Ref: scu.235292