Continue reading "Forfeiture: What relief?"
Challen v Challen & anor [2020] WTLR 859
Wills & Trusts Law Reports | Autumn 2020 #180C and Richard Challen (the deceased) were in a relationship for 40 years and had two children (the defendants). Throughout that period the deceased subjected C to sustained coercive control, leaving her in an abnormal psychiatric state. On 15 August 2010 C killed the deceased with a hammer and was convicted of his murder in 2011. In February 2019 that conviction was quashed and the matter remitted for a retrial, and in June 2019 C was convicted upon a guilty plea of manslaughter by reason of diminished responsibility. Under the common law ‘forfeiture rule’ C was precluded from benefiting...
Henderson v Wilcox [2015] EWHC 3469 (Ch)
Wills & Trusts Law Reports | April 2016 #158The claimant had been convicted of the manslaughter of his mother (the deceased). He had a low IQ though there was no clear medical view that he suffered from a mental disorder. However, he had not argued that he was unfit to plead and he had not raised a defence of diminished responsibility. He was sentenced to be detained in hospital under s37 of the Mental Health Act 1983. He was detained in a medium security establishment, and it was considered unlikely that he will ever be fit for discharge.
The deceased’s house did not form part of her estate. It had ...
Forfeiture: Crime doesn’t pay
Continue reading "Forfeiture: Crime doesn’t pay"
Succession: Consider what is just
Continue reading "Succession: Consider what is just"
Adverse Possession: The illegality conundrum
Continue reading "Adverse Possession: The illegality conundrum"
Cawley & anr v Lillis [2011] IEHC 515
Wills & Trusts Law Reports | May 2013 #129Celine Cawley, the deceased (D) and the defendant, her husband (H), owned real and personal property as joint tenants. D’s will left all her property to H and if he were to predecease her, to trustees for her children. She had one daughter. H was convicted of D’s manslaughter. Following his conviction, H expressly renounced his right to probate of D’s will. On 24 March 2010 letters of administration were granted to the plaintiffs (P), the personal representatives named in D’s will should H predecease her. By s120 of the Succession Act 1965 (the Continue reading "Probate: Body matters"Probate: Body matters