Nay v Iskov [2012] NSWSC 598

Nay v Iskov [2012] NSWSC 598

As the defendant unlawfully killed the deceased, the forfeiture rule applies, precluding him from inheriting under the will and from beneficially receiving property from the joint tenancy; instead, the relevant assets are to be held on trust for the rightful beneficiaries, namely, the deceased’s children and estate, as specified in the will.

Jurisdiction
Australia
Judgment Date
02 May 2012
Procedural Posture
Wills, Probate and Administration / Principal Judgment
Outcome
Declarations granted regarding the construction of the will and imposition of trusts on the defendant.
Legal Topics
['forfeiture Rule' 'will Construction' 'constructive Trusts' 'probate' 'unlawful Killing of a Testator']
['equity' 'succession Law'] ['forfeiture Rule' 'will Construction' 'constructive Trusts' 'probate' 'unlawful Killing of a Testator']

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Procedural Posture

Wills, Probate and Administration / Principal Judgment

Legal Issues

  1. 1 ['Does the forfeiture rule preclude the defendant from inheriting under the deceased’s will?' 'How should the deceased’s superannuation proceeds and joint tenancy property be distributed given the defendant unlawfully killed the deceased?' 'Does equity impose a trust on the defendant’s interest in the joint tenancy property?']

Ratio Decidendi

As the defendant unlawfully killed the deceased, the forfeiture rule applies, precluding him from inheriting under the will and from beneficially receiving property from the joint tenancy; instead, the relevant assets are to be held on trust for the rightful beneficiaries, namely, the deceased’s children and estate, as specified in the will.

Court Disposition

Declarations granted regarding the construction of the will and imposition of trusts on the defendant.

Orders

  • ['Declaration that Clayton John Iskov unlawfully killed the deceased.' 'Declaration that the defendant is precluded from inheriting the legacy under clause 5 of the will.' 'Declaration that the plaintiffs hold the superannuation proceeds upon trust for the children per the terms of the will.' 'Declaration that the...