Batey & Anor v Potts & Ors [2004] NSWSC 606

Batey & Anor v Potts & Ors [2004] NSWSC 606

The forfeiture rule applies to a son who kills his father, postponing his enjoyment of the residue for the deceased's life expectancy, but is subject to modification where justice requires. Here, the rule was modified to allow the son to take his benefits under the will from the date of death of his father, given the practical effect and the son having served his sentence.

Jurisdiction
Australia
Judgment Date
13 July 2004
Procedural Posture
Proceedings by Executors for Determination of Questions in Administration of Estate / Final Judgment
Outcome
The forfeiture rule applies to the first defendant, but is modified under Forfeiture Act 1995 to allow him to take benefits under the will from the date of his father's death. Leave granted for late application.
Legal Topics
['forfeiture Rule' 'modification of Forfeiture Rule' 'interpretation of Wills' 'interest in Estate' 'admissibility of Conviction Certificate']
['succession' 'equity'] ['forfeiture Rule' 'modification of Forfeiture Rule' 'interpretation of Wills' 'interest in Estate' 'admissibility of Conviction Certificate']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Proceedings by Executors for Determination of Questions in Administration of Estate / Final Judgment

Legal Issues

  1. 1 ["Whether forfeiture rule applies to acceleration of son's interest upon killing father" 'Admissibility of certificate of conviction in civil proceedings' 'Whether relief from forfeiture rule should be granted under Forfeiture Act 1995' 'Nature of right of residence granted to husband by testatrix' "Effect of forfeiture rule on son's entitlement to residue"]

Ratio Decidendi

The forfeiture rule applies to a son who kills his father, postponing his enjoyment of the residue for the deceased's life expectancy, but is subject to modification where justice requires. Here, the rule was modified to allow the son to take his benefits under the will from the date of death of his father, given the practical effect and the son having served his sentence.

Court Disposition

The forfeiture rule applies to the first defendant, but is modified under Forfeiture Act 1995 to allow him to take benefits under the will from the date of his father's death. Leave granted for late application.

Orders

  • ['Leave granted to first defendant to make late application under Forfeiture Act 1995' "Modification of forfeiture rule to enable first defendant to take interests under will from date of father's death" 'Consent orders for estate distribution' 'Estate trustees authorised and directed to pay specified amounts to...