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Forfeiture Act 1982 (Version in vigour from 2017-04-06 to )

Consolidated Text As Enacted Cited authorities 17 Cited in Related
Vincent
CurrencyNo known outstanding effects
Coming into Force06 April 2017
(1) In this Act, the “forfeiture rule” means 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.(2) References in this Act to a person who has unlawfully killed another include a reference to a person who has unlawfully aided, abetted, counselled or procured the death of that other and references in this Act to unlawful killing shall be interpreted accordingly.(1) 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 mentioned in subsection (4) below, the court may make an order under this section modifying F26or excluding the effect of that rule.(2) The court shall not make an order under this section modifying F33or excluding 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 F27or excluded in that case.(3) In any case where a person stands convicted of an offence of which unlawful killing is an element, the court shall not make an order under this section modifying F28or excluding the effect of the forfeiture rule in that case unless proceedings for the purpose are brought before the expiry of the F34period of three months beginning with his convictionF34relevant period .the end of the period allowed for bringing an appeal against the conviction, orif such an appeal is brought, the conclusion of proceedings on the appeal.under the deceased’s will (including, as respects Scotland, any writing having testamentary effect) or the law relating to intestacy or by way of ius relicti, ius relictae or legitim;on the nomination of the deceased in accordance with the provisions of any enactment;as a donatio mortis causa made by the deceased; orunder a special destination (whether relating to heritable or moveable property) ; orany beneficial interest in property which (apart from the forfeiture rule) the offender would have acquired in consequence of the death of the deceased, being property which, before the death, was held on trust for any person.where there is more than one such interest, by excluding the application of the rule in respect of any F30(but not all) F30or all of those interests; andin the case of any such interest in property, by excluding the application of the rule in respect of F31all or any part of the property.(6) On the making of an order under this section F32modifying the effect of the forfeiture rule , the forfeiture rule shall have effect for all purposes (including purposes relating to anything done before the order is made) subject to the modifications made by the order.(7) The court shall not make an order under this section modifying the effect of the forfeiture rule in respect of any interest in property which, in consequence of the rule, has been acquired before the coming into force of this section by a person other than the offender or a person claiming through him.(8) In this section—
  • “property” includes any chose in action or incorporeal moveable property; and
  • “will” includes codicil.
(1) The forfeiture rule shall not be taken to preclude any person from making any application under a provision mentioned in subsection (2) below or the making of any order on the application.any provision of the sections 31(6) and 36(1) of the Matrimonial Causes Act 1973 (variation by court in England and Wales of periodical payments orders and maintenance agreements in respect of marriages) ;paragraphs 60(2) and 73(2) of Schedule 5 to the Civil Partnership Act 2004 (variation by court in England and Wales of periodical payments orders and maintenance agreements in respect of civil partnerships) ; and(1) Where a question arises as to whether, if a person were otherwise entitled to or eligible for any benefit or advantage under a relevant enactment, he would be precluded by virtue of the forfeiture rule from receiving the whole or part of the benefit or advantage, that question shall (notwithstanding anything in any relevant enactment) be determined by F11the Upper Tribunal.(1A) Where F12the Upper Tribunal determines that the forfeiture rule has precluded a person (in this section referred to as “the offender”) who has unlawfully killed another from receiving the whole or part of any such benefit or advantage, F15the Upper Tribunalmay make a decision under this subsection modifying the effect of that rule and may do so whether the unlawful killing occurred before or after the coming into force of this subsection.(1B) F16The Upper Tribunal shall not make a decision under subsection (1A) above modifying the effect of the forfeiture rule in any case unless F18it is satisfied that, having regard to the conduct of the offender and of the deceased and to such other circumstances as appear to F16the Upper Tribunal to be material, the justice of the case requires the effect of the rule to be so modified in that case.so that it applies only in respect of a specified proportion of the benefit or advantage;so that it applies in respect of the benefit or advantage only for a specified period of

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