Forfeiture, Disclaimer and Succession - Old Law & New
- Podcast Location:
- Download it here [file size: 25.8 MB]
- Categories:
-
Wills, Inheritance & Succession
- CPD Points:
- Up to 1 point. details »
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Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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- Cost:
- a) £65+VAT for this CPDcast only
- b) £299+VAT for unlimited access to all of our podcasts. details »
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- Length:
- 30 minutes of audio
(+ optional 5 minute online quiz) - Plays on Computer:
- Yes Downloadable as MP3: Yes
- Contributor(s):
- Course Aims:
This podcast serves to discuss the ambit of the forfeiture rule and its impact in the law of succession. It addresses the circumstances in which it applies and where the court can set it aside. It outlines the impact of the rule on the intestacy regime and what distortions it creates. The podcast also looks at the rule of disclaiming an interest under a will or legacy and its relationship to the forfeiture rule. This podcast also addresses the changes to the law made by the Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011 and how this legislation is likely to improve the current situation where there has been an unlawful killing in a family.
- Outcomes:
- After completing the course you will:
- Understand the rationale and operation of the forfeiture rule;
- Understand when the court has power to dispense with the rule;
- Understand how the forfeiture rule can have a distorting affect on the smooth devolution of an estate and order of succession;
- Understand the criticism of the current law and how the changes in the new Act of Parliament seek to reform the current situation.
- Level:
- Complex
- Classification:
-
Legal Principles
Legislative Updates
- Sources and References:
-
- Dunbar v Plant [1997] EWCA Civ 2167;;
- Suicide Act 1962;
- Forfeiture Act 1982;
- Administration of Estates Act 1925 ss 46, 46A, 47,;
- Ross v Caunters [1980] Ch 297;;
- Re DWS (deceased) [2001] Ch 568 (CA);;
- Wills Act 1837 ss 33;
- The Forfeiture Rule and the Law Of Succession (Law Comm Report No. 295);
- Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011.
This podcast is about the rule in the law of wills and intestacy that prevents the killer of an intestate or testator from benefiting from a bequest or residuary legacy.
