Re K (Deceased)
A widow who killed her husband in circumstances amounting to manslaughter, after years of violence by him, was granted relief from forfeiture under the Forfeiture Act 1982.
Facts
Mrs K had suffered serious violence from her husband over a long period. During an argument, she picked up a loaded shotgun to frighten him, and it went off, killing him. She pleaded guilty to manslaughter and was put on probation. Under the forfeiture rule, she would lose her entitlement to her husband's estate under his will. She applied for relief under the Forfeiture Act 1982.
Legal principle
Vinelott J held that the forfeiture rule applied, because she had unlawfully killed her husband, but granted her full relief from the rule under the Act. He said that the court had power to modify the effect of the rule where the justice of the case required it, taking into account the conduct of the offender and of the deceased, and that the violence she had suffered and the absence of any intention to harm her husband made it just to grant relief. The Court of Appeal later dismissed an appeal. The case was the first major decision under the 1982 Act.
Related cases on family provision, forfeiture and other claims against estates
- Re Basham (Deceased) [1986] 1 WLR 1498
- Re Besterman (Deceased) [1984] Ch 458
- Re Callaghan [1985] Fam 1
- Re Coventry (Deceased) [1980] Ch 461
- Cowan v Foreman [2019] EWCA Civ 1336, [2020] Fam 129
- Dunbar v Plant [1998] Ch 412
- Gillett v Holt [2001] Ch 210
- Guest v Guest [2022] UKSC 27
Studying wills, succession and probate? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.
This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
