It is not unusual in disputes surrounding wills, probate, trusts and estate administration for there to be a cross over with the criminal law. Below we examine some of the considerations and potential issues arising in these types of cases.

Unlawful killing

It is well established that a murderer cannot benefit from his own crime and consequently is not entitled to inherit under the will of his victim or on intestacy (often referred to as the “forfeiture rule”).

The Forfeiture Act 1982 (“FA 1982”) records that the forfeiture rule “means the rule of public policy which in certain circumstances...