Last year we discussed how assisting or encouraging a loved one’s death may mean that you forfeit your inheritance from your loved one’s estate. 

The general rule of forfeiture provides that a beneficiary cannot take under a will if they have unlawfully killed the deceased or aided their death. The effect of the rule is that the beneficiary who has forfeited will be deemed to have predeceased the testator and any gift which was meant for them will usually fall into the residue of the estate. 

The courts may exercise discretion where the conduct of the beneficiary and/or the deceased and the other circumstances of the case mean it would be just to do so. The recent case of Amos v Mancini, 2020 EWHC 1063 Ch is an example of where the court developed this rule.

Sandra Amos was driving her husband and her to Canterbury when they were involved in a road traffic accident. She collided with the rear of a queue of stationary vehicles. Her husband died later in hospital.

Mrs Amos was charged with causing death by careless driving and received a suspended prison sentence. Mrs Amos was due to inherit her husband’s estate but her step-daughter and two other family members contested this. They thought that her claim should be forfeit as it was her fault her husband was dead. 

HHJ Jarman held that to not allow Mrs Amos her inheritance would be significantly out of proportion to her own fault, i.e. she did not mean to kill her husband therefore she should not suffer the consequences under the forfeiture rule. He allowed her to take her inheritance. 

If you would like information about disputing a will, contesting a will, probate disputes, or inheritance disputes, please contact our specialist contentious probate lawyers on 01902 424 927 and ask to speak to either Susan Ford, Liam Owen or Philippa Rowley, (our contentious probate specialists). Our team at George Green LLP are regarded as one of the Midlands' leading teams of will disputes and contentious probate solicitors.  

We offer a free initial free consultation and we can often act for clients who want to dispute a will or commence an inheritance dispute/probate dispute on a no win no fee basis. Alternatively, please e-mail us at contentiousprobate@georgegreen.co.uk providing a brief summary of the issues you wish to discuss with us, along with your contact details.

We have a dedicated practice team of contentious probate solicitors, covering all areas of the UK as well as Birmingham who are experienced in dealing with all types of contentious probate matters, including challenging a will and estate disputes.