The forfeiture rule, a key principle in inheritance law, has come under the spotlight after the Criminal Cases Review Commission (CCRC) referred the murder conviction of Benjamin Field to the Court of Appeal under the “exceptional circumstances” rule.
Benjamin Field was convicted in 2019 for the murder of Peter Farquhar after manipulating him into changing his Will and consuming excessive amounts of whisky while hiding his true intentions. Field’s actions also came under scrutiny when he later targeted another elderly victim.
This notorious case not only raised complex questions about inheritance law but also gained widespread attention as the subject of the acclaimed BBC drama “The Sixth Commandment”.
Understanding the Forfeiture Rule in inheritance law
What is the Forfeiture Rule?
Following his conviction, Benjamin Field was automatically excluded from inheriting from Peter Farquhar’s estate under the legal principle known as the Forfeiture Rule. This rule prevents individuals who have unlawfully killed someone from receiving any financial benefit from the victim’s estate.
How does the deemed predecease rule apply?
In practical terms, the “deemed predecease” rule applied, meaning that Benjamin Field was legally treated as though he had died before Peter Farquhar, ensuring he could not inherit.
What happens if the conviction is overturned?
Potential challenges with estate distribution
If Benjamin Field’s conviction is overturned by the Court of Appeal, complex legal issues will arise concerning the application of the Forfeiture Rule. This is particularly significant given that Peter Farquhar’s estate is likely to have already been distributed.
Court discretion under the Forfeiture Rule
The Court has discretion to modify or grant relief from the Forfeiture Rule in certain circumstances. For example, in Withers Trust Incorporation v Estate of Goodman [2023] EWHC 2780 (Ch), the High Court allowed Adrian Berry’s estate to benefit from his wife’s estate despite the Forfeiture Rule, after finding his moral culpability was extremely low.
Why this case matters
The Benjamin Field case highlights how the Forfeiture Rule works in practice and the challenges that arise when criminal convictions and inheritance law intersect. Legal professionals and the public alike will be watching closely to see how the Court of Appeal addresses this high-profile and unique case.
If you are dealing with inheritance disputes, Will challenges or the application of the Forfeiture Rule, our specialist Contentious Probate team can help.
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