Withers Trust Corporation Ltd v The Estate of Goodman [2024] WTLR 763

Wills & Trusts Law Reports | Summer 2024 #195

Hannah Goodman died on 14 July 2020. She was survived by her late husband, Adrian, who himself died on 11 June 2022. The claimant was the Withers Trust Corporation, which was the executor appointed by Adrian’s last will, dated 2 November 2020.

The claimant sought an order pursuant to s2 of the Forfeiture Act 1982 that the application of the forfeiture rule to Adrian’s interest in Hannah’s estate and to his interest in jointly owned assets be modified, so as to give Adrian full relief from forfeiture.

In October 2017, Hannah was diagnosed with lung cancer. ...

Challen v Challen & anor [2020] WTLR 859

Wills & Trusts Law Reports | Autumn 2020 #180

C 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...

Forfeiture: Turning on the facts

Laura Abbott reports on a spate of recent cases in which the forfeiture rule has been waived Manslaughter will, in every case, deprive someone of their inheritance unless the court exercises its power to modify the effect of the rule. The long-standing forfeiture rule is a matter of public policy and provides that if a …
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Amos v Mancini [2020] WTLR 417

Wills & Trusts Law Reports | Summer 2020 #179

The deceased was married to the claimant. In 2019, when he was 81 and she was 74, a car they were driving in was involved in a road accident. The deceased died of his injuries. The claimant was driving, and was prosecuted for causing the deceased’s death by careless driving. She pleaded guilty, was given a suspended prison sentence and was disqualified from driving for 12 months.

The deceased’s will left his residuary estate to the claimant. In the event that the claimant predeceased the deceased, the will provided for legacies to the defendants. The deceased was also joint tenant...

Macmillan Cancer Support v Hayes & anr [2018] WTLR 243

Wills & Trusts Law Reports | Spring 2018 #171

Peter Thomson and his wife, Sheila Mary Thomson, were a loving and devoted lifelong married couple who had no children. He was 84 and had recently been diagnosed with prostrate cancer and had a grossly enlarged aorta which could rupture at any time. She was aged 88 and, due to the severity of her dementia, had been consigned to live in a care home. They had both made similarly worded wills in favour of each other and, on the death of the survivor, for the benefit of charities and friends. According to the findings of fact made by the coroner, on 18 April 2015 Peter collected Sheila from ...