Podcast Location:
Download it here [file size: 19.3 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 outline the extent of the forfeiture rule and the circumstances in which the court can set it aside. It outlines the statutory intestacy regime and what impact the rule has for such legacies. The podcast also looks at the rule of disclaiming an interest under a will or legacy and its relationship to the forfeiture rule. The podcast analyses criticism of the current law and looks at the Law Commission's proposals for reform.

Outcomes:
After completing the course you will:
  • Understand the rationale and operation of the forfeiture rule for both wills and intestate legacies;
  • Understand when the court has power to dispense with the rule;
  • Be familiar with the intestacy regimes and the different and dramatic consequences the forfeiture rule has in distorting the statutory order of succession;
  • Understand the criticism of the current law and how the Law Commission's proposed changes seek to remedy current difficulties.
Level:
Intermediate Difficulty: 3 of 5
Sources and References:
  • Cleaver v Mutual Reserve Fund Association [1892] 1 QB 147;
  • Dunbar v Plant [1997] EWCA Civ 2167;
  • Suicide Act 1962;
  • Forfeiture Act 1982;
  • Administration of Estates Act 1925;
  • Ross v Caunters [1980] Ch 297;
  • Intestate Succession (Interest and Capitalisation) (Amendment) Order 2008 (SI 2008/3162);
  • Re DWS (deceased) [2001] Ch 568 (CA).;
  • Wills Act 1837;
  • The Forfeiture Rule and the Law Of Succession (Law Comm Report No. 295).

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.

WARNING: The subject of this podcast is currently being reviewed following the passage of the Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011.

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