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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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if a person kills his wife and is convicted can he inherit

Customer Question

if a person kills his wife and is convicted can he inherit under the terms of her will. her will stated he must survive by 28 days otherwise it goes to other beneficiaries, r does it go to her next of kin event happened before feb 2012
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

A person is not legally entitled to benefit financially from a crime, and in these circumstances, the husband is deemed to have died before his wife. Her Will is therefore distributed on this basis.

I hope this assists and clarifies the legal position.

Kind Regards

Al

Customer: replied 1 year ago.

does this still apply as you died before February 2012 does it go to the persons named in her will if he has predeceased her or to her next of kin

Customer: replied 1 year ago.
Relist: Inaccurate answer.
Customer: replied 1 year ago.
Relist: Incomplete answer.
Customer: replied 1 year ago.
Relist: Inaccurate answer.
Customer: replied 1 year ago.
Relist: Incomplete answer.
Customer: replied 1 year ago.

when can I get a response please

Customer: replied 1 year ago.

Relist: Other. no answer

Customer: replied 1 year ago.

I keep waiting for a reply can you please reply urgent many thanks

Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

I am sorry that you have been waiting for a long time for a reponse on this. May I assist you? I note your enquiry and would be pleased to outline the position if you would still like an answer?
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Yes it applies.
Crime / fraud etc unravels all. If she killed her for the will then this means he is not entitled. Fraud unravels all.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

I m unclear as to your response it seems to only give me details of your experience not answer the question

The question is if a person kills someone before february 2012 can they inherit under the terms of her will if the will states they need to survive 28 days which of course they did, does it go to the next beneficiaries under the terms of the will or is it taken there is no will and it goes to her next of kin

Expert:  Ash replied 1 year ago.
The answer is no.
Does that clarify?
Customer: replied 1 year ago.

I note what you say he cannot inherit but who does it go to, does it go to the next beneficiaries named in the will as the will states they will inherit if husband has predeceased her or not survived by 28 days or is it taken that she has died intestate and then goes to her next of kin

Expert:  Joshua replied 1 year ago.
Hello
I do apologise for stepping in mid wayduring your exchange wth my colleague and I hope both you and my colleague will forgive this. I did respond to you yesterday but see that I opted out which I did not intend to do. I only step back in because I see that you have been waiting for quite a while for an answer to your question and the question you are asking really deals with a realtively complex area of succession law due to recent changes in the law.

As you know there was a recent change in the law in the form of Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011 (2011 Act). This act changed the law on 1 February 2012. From what I understand, the death in this case took place before this date so we are dealing with the law as it was pre 01/02/12. Please correct me if I am incorrect on this.

This being the case because there is a will invoved here, the answer to your question depends upon the contents of the will. From what you say the will provides that testator leaves his estate to A but if A does not survive testator for more than 28 days B takes. In this case A has killed the testator so cannot inherit. Again please correct me if I am wrong on any aspect of this.

If the above is correct, could you tell me are there any further provisions in the will other than the above. In particular there may be a "default clause" or further "substitutional clause". Such clauses will say something along the lines that if the above gifts fail then C takes my residuary estate. The will may not contain any such default or further substitutional clauses but could you kindly confirm for the avoidance of doubt. I will then be able to confirm which party is entitled to inherit in the circumstances
Customer: replied 1 year ago.

many thanks the will states as follows

I give my residuary estate to my husband ...provided he survives me by 28 days, if my husband does not survive by 28 days then the following clauses shall take effect I give my residuary estate as follows:-

25% to each of my two nephews at the age of twenty fiveyears or if deceased to their children and 50% to a charity

Expert:  Joshua replied 1 year ago.
Thank you. If there are no further clauses directing gifts other than what you have kindly posted above the position is as follows. The substitutional gift to the nephews fails because husband has survived so nephews and charity cannot inherit. Husband cannot inherit due to the Forfeiture Act. Accordingly the testator is treated as having died intestate.Could you tell me if the testator died leaving any children, parents, siblings or descendents of children or siblings? If so could you tell me which of these they died leaving behind?
Customer: replied 1 year ago.

only A CHILD SHE HAD ADOPTED AT THE AGE OF 1 WEEK AND SHE IS SURVIVED BY ONE SISTER ONE BROTHER AND ONE STEP BROTHER

Expert:  Joshua replied 1 year ago.
Thank you. The rules pre the law changing are complex and it is important to say that there is incomplete case law on the issue and counsel opinion has confirmed that there is a lack of absolute authority on what follows so the executor would be strongly advised to seek representation in administering the estate to ensure that should there be any court decision which challenges any of what follows (though this becomes increasingly unlikely with the passage of time given the new laws that are now in force) the executor is insulated from any claim by his solicitors indemnity insurance. However what follows is based on counsel opinion obtained by the law commission; whilst this is not the same thing as having a court of prcedent decision the opinion does have good pedigree. Nevertheless as above it is important that the executor protects himself by retaining a solicitor to represent him in distributing the estate. Subject to the above, entitlement is considered to be as follows:As we know from the above the testator in these circumstances dies intestate because the will fails and spouse cannot inherit.Under intestacy subject to forfeiture, the personal chattels of the testator become bona vacantia because there is no provision in the intestacy rules for these to go to anyone other than the spouse. This means that the chattels (possession) belong to the state. The state is unlikely to want them unless they are of value so the executor may have to contact the Treasury solicitor to obtain instructions as to how to deal with them.The spouse is entitled under intestacy to a legacy of £250,000. This is disregarded under forfeiture and this sum falls into residue which is dealt with below.
Customer: replied 1 year ago.

point 3 is blank

Expert:  Joshua replied 1 year ago.
I am so sorry - it appears that half of my post has been cut off. I will repost below in full.The rules pre the law changing are complex and it is important to say that there is incomplete case law on the issue and counsel opinion has confirmed that there is a lack of absolute authority on what follows so the executor would be strongly advised to seek representation in administering the estate to ensure that the executor distributes the estate in accordance with the law. However what follows is based on counsel opinion obtained by the law commission; whilst this is not the same thing as having a court of prcedent decision the opinion does have good pedigree. Nevertheless as above it is important that the executor protects himself by retaining a solicitor to represent him in distributing the estate. Subject to the above, entitlement is considered to be as follows:As we know from the above the testator in these circumstances dies intestate because the will fails and spouse cannot inherit.Under intestacy subject to forfeiture, the personal chattels of the testator become bona vacantia because there is no provision in the intestacy rules for these to go to anyone other than the spouse. This means that the chattels (possession) belong to the state. The state is unlikely to want them unless they are of value so the executor may have to contact the Treasury solicitor to obtain instructions as to how to deal with them.The spouse is entitled under intestacy to a legacy of £250,000. This is disregarded under forfeiture and this sum falls into residue which is dealt with below.The spouse is entitled to a life interest in half of anything that remains after payment of the above £250,000. Again this is is disregarded falling into residue which is dealt with below.The testators natural or adopted child(ren) take residue.To summarise the above rules, on the basis that testator only had one adopted child and no natural children, that adopted child will be entitled at the age of 18 to receive their mothers entire estate save for personal possessions which must be dealt with according to the instructions of the Treasury Solicitor as discussed above. If they are not yet 18 the executor will need to hold those monies on trust for them until they reach 18 though certain sums can be advanced to them for the purposes of maintenance and education before they reach 18. The executor is entitled to charge fees of any solicitor they retain to the estate. I hope the above is of assistance and I am sorry you had to wait a time for a response to your question initially. If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me.
Customer: replied 1 year ago.

she had her child adopted and had nothing more to do with him,so does the estate go to her brother and sister and step brother

Expert:  Joshua replied 1 year ago.
Sorry have I misunderstood you above that she adopted a child at the age of 1 year? Are you saying her natural child was adopted by someone else?
Customer: replied 1 year ago.

yes

Expert:  Joshua replied 1 year ago.
Thank you. If this is the case and she had a child but they were adopted then the following rules apply instead of the above though the remainder of my comments still apply:Under intestacy subject to forfeiture, the personal chattels of the testator become bona vacantia because there is no provision in the intestacy rules for these to go to anyone other than the spouse. This means that the chattels (possession) belong to the state. The state is unlikely to want them unless they are of value so the executor may have to contact the Treasury solicitor to obtain instructions as to how to deal with them.If the testators parents are still living then they take her entire estate except for personal chattels, and if both are alive in equal shares. If both parents have predeceased......then the estate excepting personal chattels goes to whole siblings (not half siblings) and if more than one in equal shares. Her step brother is not entitled to inherit. If either whole sibling has predeceased leaving children then those children will take their parents share.From what you say if the testator passed away and her parents have predeceased her but she is survived by two siblings and a step sibling then those siblings that survivie her will take her estate in equal shares. The step sibling will unfortunately not be entitled to anything though the other siblings could decide to reapportion the estate so as to allow him to benefit though that is a matter entirely for them. Can I help you with anything else or has the above answered your questions satisfactorily?
Expert:  Joshua replied 1 year ago.

Did the above answer all your questions or is there anything I can clarify or help you with any further?

Expert:  Joshua replied 1 year ago.
I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me.
Expert:  Joshua replied 1 year ago.
If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

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