Henderson v Wilcox & Ors

Henderson v Wilcox & Ors

The forfeiture rule does not apply to interests under the Family Protection Trusts, as such interests do not arise from the death of the deceased. However, the rule applies to property passing under the will, and the claimant's degree of culpability is sufficiently high that justice does not require modification of the rule to permit inheritance.

Parties
Claimant: Ian Robert Henderson; Defendant: June Wilcox; Defendant: Julian Marcus Wilcox; Defendant: Andrew John Robertson; Defendant: Cynthia Jamieson Duff
Jurisdiction
England and Wales
Judgment Date
03 December 2015
Procedural Posture
Civil / Judgment
Outcome
Claim dismissed
Legal Topics
Forfeiture Rule, Inheritance, Unlawful Killing, Modification of Forfeiture, Mental Health and Capacity
Succession Trusts Criminal Law Forfeiture Rule Inheritance Unlawful Killing Modification of Forfeiture Mental Health and Capacity

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Parties

Ian Robert Henderson

Claimant

June Wilcox

Defendant

Julian Marcus Wilcox

Defendant

Andrew John Robertson

Defendant

Cynthia Jamieson Duff

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Does the forfeiture rule apply to interests under Family Protection Trusts?
  2. 2 Should the forfeiture rule be modified to allow the claimant to inherit under the will?

Ratio Decidendi

The forfeiture rule does not apply to interests under the Family Protection Trusts, as such interests do not arise from the death of the deceased. However, the rule applies to property passing under the will, and the claimant's degree of culpability is sufficiently high that justice does not require modification of the rule to permit inheritance.

Court Disposition

Claim dismissed