Legal Tip 114: Murder and Inheritance

Ok, will you accept $10 in the will?

 

they carefully outsource it so they can benefit.

Lawyers need to send a client to another lawyer if the client intends to give the lawyer money.

I have only had one will maker want to leave me anything so far. Someone wanted to leave me $10k, but I refused. He was dead 6 months later.

 

The RSPCA (NSW) seems to have received about $13.6million in 'legacies' in 2015 and $4.175 in donations.

See the annual report https://www.rspcansw.org.au/images/financials/RSPCA_NSW_Financial_Statement_300615.pdf

 

This is an excellent article and worth reading.

 

Yes that would have been hard, knowing your parents were at home euthanasiaing themselves at that time.

 

Yes it's a great article. Thanks @neK . I can see how beauiful and intelligent they were. The daughters are fortunate that they had each other on the day. Would've been hard.

 

Its such a shame that in their final moments they had to be apart from the people they loved to avoid prosecution.

But back on topic, how would something like this potentially affect the inheritance of the children?

 

I saw this a week or so ago and thought it was a really thought provoking piece. I will note that I don't believe this was an "assisted" suicide (unless you mean the husband & wife assisted each other...?) .

But I don't see it (ie this specific story as it played out) as causing any inheritance / estate issues.... since the daughters were not involved, not present etc etc.

I do think it's awfully sad that we don't have a system (yet??) which would have allowed them to be closer to their parents in their last moments, without their risking any charges. I hope this changes.

 

It wouldn't be classed as murder (probably) so not issues with other inheriting.

Where the wills haven't been updated A may leave to B so order of deaths may be important. But generally the legislation says someone has to survive 30 days to inherit or they are considered to have predeceased the testator - unless the will instructs contrary.

but if you were going to choose the time of you death you would probably go to the effort of updating your wills.

 

Is this the same in all states? I imagine it generally takes more than 30 days to finalise an estate anyway so wouldn't really be any issue.

E.g.
A dies and leaves stuff to B
20 days later B dies and leaves stuff to son B1
Gets clawed back from B1 to son A1 as <30 days ?

 

Off the top of my head I am not sure. NSW has 30days s35 Succession act
SUCCESSION ACT 2006 - SECT 35 Beneficiaries must survive testator by 30 days

An estate could not be distributed before 6 months and various notice periods are needed (or executor liable)
s92 Probate and admin act NSW
PROBATE AND ADMINISTRATION ACT 1898 - SECT 92 Distribution of assets after notice given by executor or administrator

 

If the will said I leave property to B if he survives me by 12 months then the executor would not distibute the estate till this date because they have to wait and see if B dies.

 

@Terry_w just wondering if this apply for anyone who resides in Australia or just citizen? e.g. how about 457 visa holder, or permanent resident who also hold citizenship in other country?

 

Which specifically? Murder - it would depend on your assets. If they are immoveable assets the laws of the country where they are located may apply. So you may be able to murder parents in Australia yet inherit the parents house in China for example (depending on Chinese laws)

 

Court rules killer son entitled to share of estate

A man who bludgeoned his parents to death will inherit almost half their $1.1 million estate after the Victorian Supreme Court ruled the forfeiture rule that normally prevents a person benefiting from the estate of a person they have killed does not apply.

Brett Anthony Smith, now 35, killed his father, Coles executive Michael John Smith, and his mother, Kim Melina Smith, but was found not guilty after a psychiatrist testified he suffered from chronic paranoid schizophrenia.

The couple were found in bed in their pyjamas at their home in Vermont South in December 2011. The couple each left a will, which divided their estate between Brett and his sister Alexis.

more at Nocookies

In Smith v Whittaker & Ors [2016] VSC 287 at para [7] his Honour Derham AsJ observed:

'It is common ground between the parties that because Brett was found not guilty of the murder of his parents by reason of mental impairment, the forfeiture rule does not apply to him so that he is still entitled to inherit the share of his parent's estates left to him under their wills.'

 

Edwards v State Trustees Ltd [2016] VSCA 28
Edwards v State Trustees Limited [2016] VSCA 28 (10 March 2016)

Another case involving murder and inheritance. Woman was convicted of defensive homicide of husband but was also the primary beneficiary under his will - forfeiture rule meant she could not benefit.

 

Student Simona Zafirovska charged with murdering her Macedonian mother Radica is sole beneficiary of the victim’s will http://www.dailytelegraph.com.au/ne...l/news-story/9652175f89d7db68523cedb49d82b374

 

a related news article
Husband who stood to gain $1.4 million in life insurance convicted of aiding wife's suicide
Husband who stood to gain $1.4 million convicted of aiding wife's suicide

 

Did you have a read of this case Terry?

‘There was no law in Australia on this issue’

I actually know the guy who eventually got the estate - he's a lawyer I used to work with.