Henderson v Wilcox & Ors [2015] EWHC 3469 (Ch) (03 December 2015)

Henderson v Wilcox & Ors [2015] EWHC 3469 (Ch) (03 December 2015)

The forfeiture rule does not apply to the claimant's interests under the family protection trusts, as those interests do not arise by virtue of the unlawful killing. However, the claimant's culpability in the unlawful killing of his mother is high, and the justice of the case does not require modification of the...

Source-derived case information.

Citation
[2015] EWHC 3469 (Ch)
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
Claim Under Forfeiture Act 1982 / Judgment After Hearing
Outcome
Claim dismissed
Legal Topics
Forfeiture Rule, Unlawful Killing and Inheritance, Modification of Forfeiture Rule, Discretionary Trusts, Mental Capacity, Manslaughter and Succession
Probate Trusts and Estates Criminal Law Forfeiture Rule Unlawful Killing and Inheritance Modification of Forfeiture Rule Discretionary Trusts Mental Capacity +1 more

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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

Claim Under Forfeiture Act 1982 / Judgment After Hearing

Legal Issues

  1. 1 Does the forfeiture rule apply to discretionary interests under family protection trusts?
  2. 2 Should the forfeiture rule be modified under the Forfeiture Act 1982 to allow the claimant to inherit under the will of the deceased whom he unlawfully killed?

Ratio Decidendi

The forfeiture rule does not apply to the claimant's interests under the family protection trusts, as those interests do not arise by virtue of the unlawful killing. However, the claimant's culpability in the unlawful killing of his mother is high, and the justice of the case does not require modification of the forfeiture rule to permit him to inherit under her will. The claim for relief under the Forfeiture Act 1982 is therefore dismissed.

Court Disposition

Claim dismissed

Orders

  • Declaration that the forfeiture rule does not apply to the claimant's interests under the family protection trusts.
  • Claim for modification of the forfeiture rule under the Forfeiture Act 1982 in respect of the will is dismissed.