The forfeiture rule is a common law rule that prevents a person who causes the death of another from benefitting from their estate. There are difficulties that arise when the forfeiture rule is implemented that can lead to unjust results. There has been no statutory modification of this common law rule in Western Australia as has occurred in some other Australian states. In Western Australia and in most Australian states significant reforms to succession laws are taking place as part of the national Uniform Succession Law Project conducted by the Queensland Law Reform Commission. The writers advocate, as an addition to the reforms of succession laws, the introduction of a Forfeiture Act in Western Australia and those Australian states that do not have such an Act. A Forfeiture Act would allow the courts to override the common law forfeiture rule in certain circumstances that would lead to fairer outcomes.
|Journal||Australian Property Law Journal|
|Publication status||Published - 2009|