Pawlowski and Brown, ‘A review of the factors determining discretionary relief from forfeiture under the Forfeiture Act 1982’

ABSTRACT
The article considers the common law rule of forfeiture as it applies to cases of unlawful killing, including manslaughter by reason of diminished responsibility, causing death by careless driving, suicide pacts and assisted suicide. Examines relevant factors from the emerging case law on the exercise of the court’s discretionary relief, under s 2(2) of the Forfeiture Act 1982, to modify the effect of the rule. Identifies an alternative course for a claimant to apply for reasonable financial provision from the deceased’s estate under s 2 of the Inheritance (Provision for Family and Dependants) Act 1975.

€ (Westlaw)

Mark Pawlowski and James Brown, ‘A review of the factors determining discretionary relief from forfeiture under the Forfeiture Act 1982’ [2026] Conveyancer and Property Lawyer (1) 55-70.

Leave a Reply