Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Forfeiture rule definition

What does Forfeiture rule mean? In practice, the forfeiture rule prevents a person who has unlawfully killed another—or unlawfully aided, abetted or procured the death—from inheriting or receiving benefit arising from that death. It applies to benefits under a will, on intestacy, by survivorship of a joint tenancy/special destination, and to nominated benefits, life policies, pension death benefits and trust interests. The rule stems from public policy and case law. In England and Wales, its effect can be modified by statute: the Forfeiture Act 1982 permits the court to grant relief from forfeiture (not for murder), and the Estates of Deceased Persons (Forfeiture Rule...

Forfeiture rule in probate and intestacy: scope, effects (including joint tenancies), and discretionary relief under the Forfeiture Act 1982 and Estates of Deceased Persons Act 2011 (England and Wales)

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Practice notes

Although forfeiture claims are not, strictly speaking, probate proceedings, they will almost inevitably draw Personal representatives and/or beneficiaries into litigation before the court...

Forfeiture principle

The doctrine is rooted in the idea that it would be unjust to let a wrongdoer profit from their offence. As a matter of public policy, a person who has unlawfully killed another is prohibited from receiving any advantage that flows from the death, whether the entitlement arises under a Will or by Intestacy...

The restriction applies regardless of the route by which the benefit would otherwise pass (testamentary or intestate).
It also extends to anyone who has unlawfully aided, abetted, counselled, or procured the killing.

It appears that both the principle and the Forfeiture Act 1982 (FoA 1982) operate only against the offender. Thus, one person’s crime may bar that individual from asserting what would otherwise be a right, and may hasten or advantage the rights of third parties, but can never prejudice or diminish those rights. Accordingly, an assignee of the offender’s interest under an insurance policy—such as a mortgagee—can still obtain payment pursuant to that policy...

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Web page updated on 22/05/2026

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