Mack v Lockwood & Ors

Mack v Lockwood & Ors

The applicant’s culpability for the killing was high; his mental impairment did not significantly reduce his responsibility. The killing was deliberate and brutal, and the justice of the case does not require modification of the forfeiture rule. The application for relief is refused.

Parties
Claimant: Kenneth Alexander Mack; First Defendant (executor and Trustee of the Will of Lorraine Mack): Stephen Lockwood; Second Defendant: David Kenneth Mack; Third Defendant: Simon Alexander Mack
Jurisdiction
England and Wales
Judgment Date
19 June 2009
Procedural Posture
Probate/inheritance Application / Judgment on Application for Relief From Forfeiture Under S.2 Forfeiture Act 1982
Outcome
Application for relief from forfeiture refused.
Legal Topics
Forfeiture Rule, Relief From Forfeiture, Manslaughter, Inheritance Rights, Public Policy in Succession
Succession Law Criminal Law Equity Forfeiture Rule Relief From Forfeiture Manslaughter Inheritance Rights Public Policy in Succession

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Parties

Kenneth Alexander Mack

Claimant

Stephen Lockwood

First Defendant (executor and Trustee of the Will of Lorraine Mack)

David Kenneth Mack

Second Defendant

Simon Alexander Mack

Third Defendant

Procedural Posture

Probate/inheritance Application / Judgment on Application for Relief From Forfeiture Under S.2 Forfeiture Act 1982

Legal Issues

  1. 1 Whether the forfeiture rule should be modified to allow the applicant, convicted of manslaughter of his wife, to inherit under her will
  2. 2 The extent of the applicant's culpability for the killing
  3. 3 The relevance of the applicant's mental impairment to culpability and relief from forfeiture

Ratio Decidendi

The applicant’s culpability for the killing was high; his mental impairment did not significantly reduce his responsibility. The killing was deliberate and brutal, and the justice of the case does not require modification of the forfeiture rule. The application for relief is refused.

Court Disposition

Application for relief from forfeiture refused.

Orders

  • The forfeiture rule applies; Mr Mack is precluded from inheriting under his late wife's will.