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A court has ruled against allowing a man who killed his partner who tried to make a claim against her estate.
In 2013, Paul Chadwick pleaded guilty to two counts of manslaughter, on the grounds of diminished responsibility, after he killed his girlfriend, Lisa Clay and their 6-year-old son.
Under the Forfeiture Rule, a person cannot usually benefit from the estate of a person that they have unlawfully killed.
However, the law was updated following the introduction of the Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011. The effect of this was that the court can, in exceptional circumstances, modify the Forfeiture Rule to take into account the conduct of the offender or other relevant material and allow a claim from the estate to be made.
Mr Chadwick’s claim to modify the Forfeiture Rule was based on the mental disorder that he suffered and his diminished responsibility. However, the court rejected his claim.
Judge Mark Pelham QC, who dealt with the case, said that whilst Mr Chadwick’s level of culpability was reduced by the impact of the mental disorder from which he suffered, it was not reduced to such a level that to apply to the Forfeiture Rule would be contrary to the public interest.
In this case, the court did not find Mr Chadwick’s circumstances exceptional enough to modify the Forfeiture Rule and allow him to make a claim from the estate.
Each year, claims are made against estates and wills are contested for a number of reasons, ranging from capacity claims to claims made under the Inheritance (Provision for Family and Dependants) Act (1975).
When challenging a will or making a claim from an estate, it is important to take specialist legal advice on the merits of any potential claim as soon as possible, especially as certain time limits will apply in many cases.
Should you wish to have a free initial telephone consultation in order to discuss your particular matter relating to this area, please call us on 01384 410410 and ask to speak to James Coles or Susan Ford. Alternatively, you can email us your enquiry at contentiousprobate@georgegreen.co.uk providing a brief summary of the issues, along with your contact details, and we will contact you for an initial free telephone consultation.