Forfeiture rule and suicide

ARTICLE

Forfeiture rule and suicide

It is against public policy for a person, who has been convicted of the murder or manslaughter of another person, to inherit that person’s estate. So, it would be morally wrong for a husband to inherit his wife’s estate after he has been convicted murdering her. This is recognised by section 1 of the Forfeiture Act 1982 which defines the forfeiture rule as ‘the rule of public policy which in certain circumstances precludes a person who has unlawfully killed another from acquiring a benefit in consequence of the killing’.

In addition, the forfeiture rule applies to anyone who ‘unlawfully aided, abetted, counselled or procured the death, from acquiring the benefit in consequence of the killing’ (section 1(2)).

Thus, if a husband assisted a wife to commit suicide and that amounted to an offence under the Suicide Act 1961 then the forfeiture rule applies, and the husband would not inherit her estate. However, section 2 empowers the court to disapply or modify the rule if it is satisfied ‘having regard to the conduct of the offender and of the deceased and to such other circumstances as appear to the court to be material, the justice of the case requires the effect of the rule to be so modified’. See Ninian v Findlay & Ors [2019] EWCH (297) Ch for such a case.

But there is a gap in the law where a person is subject to domestic abuse and commits suicide. For example, an abusive husband abuses his wife both verbally and physically and the wife commits suicide. A manslaughter conviction is possible if it can be shown the suicide was triggered by a physical assault which was the culmination of a course of abusive conduct by the husband and the final assault played a significant part in causing the wife to commit suicide and the wife had a fragile and vulnerable personality: R v D [2006] EWCA 1139. This is difficult to prove and if it cannot be proved the forfeiture rule does not apply and the husband will inherit the wife’s estate. This is intolerable. This gap in the law needs to be filled. ■

Simon Parsons

Simon Parsons

HILS Member