Forfeiture Act 1982

United Kingdom legislation

Forfeiture Act 1982Act of Parliament

Parliament of the United Kingdom

Long title| An Act to provide for relief for persons guilty of unlawful killing from forfeiture of inheritance and other rights; to enable such persons to apply for financial provision out of the deceased’s estate; to provide for the question whether pension and social security benefits have been forfeited to be determined by the Social Security Commissioners; and for connected purposes.
Citation| 1982 c.34
Territorial extent | England and Wales[1]
Dates
Royal assent| 13 July 1982
Commencement|

* 13 October 1982 (sections 1 to 3 and 5)[2]
* 31 December 1982 (section 4)[3]
* Royal assent (sections 6 and 7)

Other legislation
Relates to| Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011

Status: Amended

Text of statute as originally enacted
Text of the Forfeiture Act 1982 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

Under the English common law rule known as the 'forfeiture rule', a person who has unlawfully killed another is barred from acquiring any benefit as a consequence of the killing, and all inheritance and other rights are normally forfeit. The Forfeiture Act 1982 (c. 34) is an Act of Parliament of the United Kingdom which allows the court to relax or to set aside operation of the rigid common law rule where "the justice of the case" so requires (other than to benefit a murderer).

## Contents

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Under section 1(1) the 'forfeiture rule' is defined as "the rule of public policy which in certain circumstances precludes a person who has unlawfully killed another from acquiring a benefit in consequence of the killing". Section 2 provides:

>   * (1) The court shall not make an order under this section modifying the effect of the forfeiture rule in any case unless it is satisfied that, having regard to the conduct of the offender and of the deceased and to such other circumstances as appear to the court to be material, the justice of the case requires the effect of the rule to be so modified in that case.
>   * (2) Where a court determines that the forfeiture rule has precluded a person (in this section referred to as "the offender") who has unlawfully killed another from acquiring any interest in property ... the court may make an order under this section modifying the effect of that rule.

Section 5 prevents the court from relaxing or setting aside the normal forfeiture rule to benefit a person who has been convicted of murder.

## See also

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Sources on co-ownership

Law of Property Act 1925 ss 1(6), 34(2), 36(2) and 184

Trustee Act 1925 s 34(2)

Inheritance Act 1975

Williams v Hensman (1861) 1 J&H 546

Nielson-Jones v Fedden [1975] Ch 222

Re Draper’s Conveyance [1969] 1 Ch 486

Harris v Goddard [1983] 3 All ER 242

Law of Property Act 1925 s 196

Kinch v Bullard [1998] 4 All ER 650

Brown v Raindle (1796) 3 Ves 296, 30 ER 998

Re Dennis [1996] Ch 80

Burgess v Rawnsley [1975] Ch 429

Forfeiture Act 1982 ss 1-2

Re K [1985] Ch 180

TLATA 1996 s 7

TLATA 1996 ss 1, 3, 6, 11-15

White v White [2003] EWCA Civ 924

Mortgage Corporation v Shaire [2001] Ch 743

Insolvency Act 1986 ss 283A and 335A

Re Citro [1991] Ch 142

see English land law

* Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011
* Slayer rule \- similar rule in United States law

## Notes

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1. ^ Section 6 makes provision for passing similar legislation in Northern Ireland.
2. ^ Forfeiture Act 1982, s. 7
3. ^ "The Forfeiture Act 1982 Commencement Order 1982", legislation.gov.uk, The National Archives, SI 1982/1731

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