Podcast Location:
Download it here [file size: 25.8 MB]
Categories:
Wills, Inheritance & Succession
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
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 Difficulty: 4 of 5
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.
Tags:

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.

Podcast added: 1st September 2011

Start this CPDcast Activity

© CPDcast.com