In the UK, the idea that someone could financially benefit from a crime—especially one as serious as murder—is firmly rejected by law. If a person unlawfully kills another, they are legally barred from inheriting from the victim’s estate. This principle is known as the forfeiture rule, and it’s governed by the Forfeiture Act 1982.
What Is the Forfeiture Rule?
The forfeiture rule prevents individuals from profiting from their own wrongdoing. If someone is found to have unlawfully killed another—whether through murder, manslaughter, or assisted suicide—they are treated as having died before the victim for inheritance purposes. This means:
They lose any entitlement under the victim’s will
They cannot inherit under intestacy rules
They forfeit any jointly owned property rights (e.g. survivorship in joint tenancy)
This rule applies regardless of whether the killer is a spouse, child, or named beneficiary.
Can the Forfeiture Rule Be Overturned?
Yes—but only in exceptional circumstances. Under Section 2 of the Forfeiture Act, courts have discretion to modify or waive the rule if justice demands it. This typically applies in cases involving:
Diminished responsibility
Mental illness
Killings not deemed morally blameworthy (e.g. mercy killings)
Case Example: Re K (1985)
In this case, a woman accidentally killed her abusive husband while threatening him with a shotgun. The court allowed her to inherit because of years of mistreatment and lack of intent to kill.
Why the Forfeiture Rule Matters
The forfeiture rule protects the integrity of the legal system and ensures that crime does not pay. It also highlights that wills and inheritance laws are subject to public policy limits. Even if someone is named in a will, they cannot benefit if they caused the death of the testator.
This rule is increasingly relevant in discussions around assisted dying, elder care, and estate planning.
Final Thoughts for Executors and Administrators
If you’re responsible for distributing an estate, understanding the forfeiture rule is essential. Mistakenly distributing assets to someone legally barred from inheriting can make you personally liable meaning putting it right comes out of your own pocket.
Always seek legal advice before distributing an estate. Check for any criminal proceedings or concerns around the cause of death. Understand your responsibilities as an executor or administrator.
How can we help?
Please call our friendly Probate, Wills & Trusts team on 0116 212 1000 or 01858 445 480, alternatively complete our free Contact Us form and we will get in touch as soon as possible.
