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Legal Tip 114: Murder and Inheritance

Discussion in 'Legal Issues' started by Terry_w, 15th Jan, 2016.

  1. Terry_w

    Terry_w Structuring Broker and a Structuring Lawyer Business Member

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    What would happen if A left everything in his will be B and B then killed A. Could B inherit A's estate?

    Nope. This is an old law as children have been killing parents for centuries as have spouses killing each other. This piece of law is known as 'the forfeiture rule'.

    There is a recent case, Pike v Pike [2015] QSC 134, where one son was charged with manslaughter of his mother 1 month after she changed her will leaving her entire estate to him. The second son would have missed out, but for the forfeiture rule. This rule was summarised in the case as:

    http://archive.sclqld.org.au/qjudgment/2015/QSC15-134.pdf

    It also applies to Joint Tenancies. A and B own a property as joint tenants, A kills B, A would take the whole property because of survivorship. But the law of equity prevents this and converts this into a tenancy in common 50/50. So the murderer A would still be entitled to 50% of the property but the other 50% would belong to the victims estate and pass via the will or intestacy laws.
     
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  2. jaybean

    jaybean Well-Known Member

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    Alright, back to Plan B.
     
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  3. WattleIdo

    WattleIdo midas touch Premium Member

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    I wonder what stats there are on kids knocking off their parents and spouses doing each other in? Do you know @Terry_w ?
     
  4. Biz

    Biz Well-Known Member

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    Thought this was going to be instructions on the best way to take someone out and get a phat stack.
     
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  5. Terry_w

    Terry_w Structuring Broker and a Structuring Lawyer Business Member

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    It seems there are less than 300 murders in Australia each year.
    Australian Institute of Criminology - Homicide statistics

    In law school the told us we would probably never come across a murder matter, but I had been involved in 3 (matters not murders) in the first 2 years of being a lawyer.
     
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  6. D.T.

    D.T. Specialist Property Manager Business Member

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  7. Terry_w

    Terry_w Structuring Broker and a Structuring Lawyer Business Member

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    B will be presumed to have predeceased A. So it would pass according to the will or intestacy laws if the will doesn't cover it.
     
  8. D.T.

    D.T. Specialist Property Manager Business Member

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  9. Terry_w

    Terry_w Structuring Broker and a Structuring Lawyer Business Member

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    no. it will be as if B doesn't exist.
     
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  10. EN710

    EN710 Well-Known Member Premium Member

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    So if B has children the estate can be passed to the children?

    News on people killing each other and family member is everyday thing back home. Like "soñ kill dad for 50c (in oz currency)"

    @jaybean treats whoever with lots of nice fatty stuff for several years
     
  11. Terry_w

    Terry_w Structuring Broker and a Structuring Lawyer Business Member

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    No. It will pass via the intestacy laws as if A didn't have a will. It may go to A's grandchildren, but it may not, e.g. if they were married or defacto.
     
  12. EN710

    EN710 Well-Known Member Premium Member

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    I mean if B (son) has children (A's grandchildren) before B murder A. B has no wills.
     
  13. Terry_w

    Terry_w Structuring Broker and a Structuring Lawyer Business Member

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    Not sure what you mean, but the intestacy laws will apply.
     
  14. MTR

    MTR Well-Known Member Premium Member

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    ... and you will never get away with it, killer always leaves something behind, DNA....
     
  15. EN710

    EN710 Well-Known Member Premium Member

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    I mean B can't have the inheritance, but his children might be able to get it? (Not familiar with intestacy)
     
  16. MTR

    MTR Well-Known Member Premium Member

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    do you recall the case in Syd where son murdered entire family, mother, father, sister, they were wealthy family.

    Anyway he eventually got caught, the house was sold and the buyers were not told about the murder, they were able to bail out of the contract.

    Sorry that's another story. Some nasty stuff out there
     
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  17. WattleIdo

    WattleIdo midas touch Premium Member

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    Think I saw it on you tube. And remember hearing about it. Is that when they made it a requirement to disclose?

    Shocking to some :eek: ... :cool: not to others.
     
    Last edited: 15th Jan, 2016
  18. jaybean

    jaybean Well-Known Member

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    Hey Terry do one for pets. Ever since that lady in NYC left millions to her pet and shunned her family I've been curious about the legality around this. I don't plan on doing the same but I will be leaving a bit of money for someone to look after mine.
     
  19. WattleIdo

    WattleIdo midas touch Premium Member

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    Where's 'back home'? EN?
     
  20. EN710

    EN710 Well-Known Member Premium Member

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    Indonesia. Happens a lot in more rural area
     
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