We have discussed in previous blogs, the rules in the UK on forfeiture under the Forfeiture Act 1982. In summary, that statute prevents a person that has killed another from benefiting from that individual’s death unless the Court grants permission.
Sally Challen
Sally Challen killed her husband with a hammer after being subjected to a long period of abuse at his hands. She was initially sentenced to life in prison in 2011. having been convicted with murder.
In 2019, that conviction was overturned following an appeal from Mrs Challen. She alleged that she should only be liable for manslaughter on the basis of diminished responsibility due to the abuse that she had been subjected to. This view was supported by psychiatric evidence and the sentence was reduced to a level that allowed for Sally Challen to be released from prison immediately on the basis that she had already served her time.
At the time of Mr Challen’s death, he did not have a Will. His only asset was a 50% share of the matrimonial home, the other half being owned by Mrs Challen. Under the intestacy rules, but for the forfeiture rules, Sally Challen would have inherited all of Mr Challen’s share in the property. Because of the forfeiture rules, Mrs Challen faced the prospect that, if she did not apply to Court for a ruling that the forfeiture rules should be disregarded, her son would inherit the other half of the house, which in turn could have meant that the property would be sold in the near future.
Mrs Challen applied to Court. Judge Matthews confirmed, allowing Sally Challen’s application:
“I emphasise that the facts of this terrible case are so extraordinary, with such a fatal combination of conditions and events, that I would not expect them easily to be replicated in any other.”
Judge Matthews’ comments above highlight that, whilst Mrs Challen’s application was successful, each case in respect of application of the forfeiture rules turns on its own facts and it is therefore essential that expert advice is sought as soon as possible if any application is considered under the act.
How Nelsons can help
Kevin Modiri is a Partner in our expert Inheritance Disputes team.
If you have any queries in relation to the subjects discussed in this article, please get in touch with Kevin or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.