Short Title: | Forfeiture Act 1982 |
Type: | Act |
Parliament: | Parliament of the United Kingdom |
Long Title: | An Act to provide for relief for persons guilty of unlawful killing from forfeiture of inheritance and other rights; to enable such persons to apply for financial provision out of the deceased’s estate; to provide for the question whether pension and social security benefits have been forfeited to be determined by the Social Security Commissioners; and for connected purposes. |
Statute Book Chapter: | 1982 c.34 |
Territorial Extent: | England and Wales[1] |
Royal Assent: | 13 July 1982 |
Related Legislation: | Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011 |
Status: | Amended |
Original Text: | https://www.legislation.gov.uk/ukpga/1982/34/contents/enacted |
Use New Uk-Leg: | yes |
Under the English common law rule known as the 'forfeiture rule', a person who has unlawfully killed another is barred from acquiring any benefit as a consequence of the killing, and all inheritance and other rights are normally forfeit. The Forfeiture Act 1982 (c. 34) is an Act of Parliament of the United Kingdom which allows the court to relax or to set aside operation of the rigid common law rule where "the justice of the case" so requires (other than to benefit a murderer).
Under section 1(1) the 'forfeiture rule' is defined as "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". Section 2 provides:Section 5 prevents the court from relaxing or setting aside the normal forfeiture rule to benefit a person who has been convicted of murder.