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Introduction

Succession law enables your loved ones to inherit your estate after death. A legal will
empowers you to distribute your estate amongst the people you love. An Intestate is
someone who has died without a legal will. This essay analyzes Andrews ability to
inherit Belindas estate.

Can Andrew inherit Belindas estate under her will?


The forfeiture rule precludes a killer from inheriting the deceaseds estate if the killer
is a beneficiary of the deceased.1 The rule applies to murder and manslaughter.2 The
rule applies only to mentally healthy perpetrators. 3 Public policy considerations guide
the forfeiture rule.4 Subsequently, the forfeiture rule overrides intestacy provisions and
the provisions of a will.5 However, the exact jurisprudential foundation of the
forfeiture rule is ambiguous.6

Andrew was convicted of manslaughter for killing Belinda. A civil court establishes a
killing on the balance of probabilities.7 The criminal courts verdict is immaterial. 8 A
civil court will conclude that Andrew committed a killing.

Western Australia has no Forfeiture Act. The forfeiture rule applies strictly. Andrew is
the sole beneficiary of Belindas will. He killed Belinda. Andrew has limited
intellectual ability not a mental illness. Therefore, the forfeiture rule precludes
Andrew form inheriting Belindas estate under her will.

Will Andrew take on intestacy under the Administration Act 1903 (WA)?
Andrew is Belindas only surviving relative. He was Belindas husband. Section 14(1)
table item 4 of the Administration Act 1903 (WA) entitles Andrew to the whole of
Belindas property. Prima facie, Andrew will take on intestacy.

Homicide is against public policy.9 The forfeiture rule overrides intestacy provisions.10
Therefore, Andrew is prevented from taking on intestacy under the Administration
Act.

Can Andrew successfully claim under the Family Provisions Act 1972 (WA)?
Section 7(1) of the Family Provisions Act 1972 (WA) stipulates the type of persons
entitled to make a claim. Andrew was married to Belinda. Section 7 (1)(a) of the
Family Provisions Act applies to Andrew. Prima facie, Andrew qualifies to claim
under the Family Provisions Act.

1 Troja v Troja (1994) 33 NSWLR 269, 299.


2 Ibid 297.
3 Permanent Trustee Co Ltd v Gillett (2004) 145 A Crim R 220, 228 [36].
4 Helton v Allen (1940) 63 CLR 691, 709.
5 Ibid.
6 Permanent Trustee Co Ltd v Gillett (2004) 145 A Crim R 220, 225 [18].
7 Helton v Allen (1940) 63 CLR 691, 702.
8 Ibid 709.
9 Troja v Troja (1994) 33 NSWLR 269, 299.
10Helton v Allen (1940) 63 CLR 691, 709.

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Section 6(3) of the Family Provisions Act enables the court to disentitle a person from
claiming a benefit, based on the persons conduct. Andrew killed Belinda. Therefore,
the court will proscribe Andrew from claiming under the Family Provisions Act.

What will happen to Belindas estate?


Andrew is ineligible to inherit under Belindas will or the intestacy provisions.
Belinda has no other surviving relatives. Section 14 table item 11 of the
Administration Act applies. As a result, Belindas estate passes to the Crown by way
of escheat.11

Policy underlying the law and extent to which it is open for debate or criticism
A judge is obligated to consider policy underlying the law. Public policy guides the
forfeiture rule.12 Kirby P highlights that committing homicide is morally outrageous. 13
All killings breach public policy.14 In rare circumstances, judges enforce the doctrine
of public policy to prevent public outrage.15 Therefore, judges will overrule statutory
provisions in the appropriate circumstances.

Debate and criticism surround the forfeiture rule. Western Australia has no forfeiture
act. Judges are forced to apply the forfeiture rule without legislative guidance. Kirby P
emphasizes that the forfeiture rule has developed poorly.16 The rule is ambiguous; the
scope is obscure; exceptions to the rule are unclear; and unjust outcomes are still
possible.17 Public Trustee v Fraser18 and Public Trustee v Evans19 validate the
ambiguity and uncertainty judges face when applying the forfeiture rule.

Conclusion
Ultimately, a civil court will likely forbid Andrew to inherit or claim Belindas estate.
The forfeiture rule and s 6(3) of Family Provision Act justify the courts actions. The
Crown inherits Belindas estate.

11 Administration Act 1903 (WA) s 14 table item 11.


12 Helton v Allen (1940) 63 CLR 691, 709.
13 Troja v Troja (1994) 33 NSWLR 269, 282.
14 Ibid 299.
15 Re Tucker (1920) 21 SR (NSW) 175, 131.
16 Troja v Troja (1994) 33 NSWLR 269, 278.
17 Ibid.
18 (1987) 9 NSWLR 433.
19 (1985) 2 NSWLR 188.

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Reference List

Statutes
Administration Act 1903 (WA)
Family Provisions Act 1972 (WA)

Cases
Helton v Allen (1940) 63 CLR 691
Public Trustee v Evans (1985) 2 NSWLR 188
Public Trustee v Fraser (1987) 9 NSWLR 433
Permanent Trustee Co Ltd v Gillett (2004) 145 A Crim R 220
Re Tucker (1920) 21 SR (NSW) 175
Troja v Troja (1994) 33 NSWLR 269

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