Challenging an Inheritance and the Rule of Forfeiture

If a murderer cannot inherit the estate of their victim, what is the position with someone who helps cover up a crime?

In May, it was reported that Tiffany Wan, daughter of a Perth woman Annabelle Chen murdered in 2016, might inherit her multi-million dollar estate. Mrs Chen’s husband had been found guilty of his wife’s murder and jailed for 20 years. The daughter was also found guilty of the charge of being an accessory after the fact and sentenced to nearly five years in jail but could be released on parole shortly.

Given her crime, can she benefit from her mother’s inheritance, or should the forfeiture rule apply? The rule provides that when a person is criminally responsible for the death of another, that person cannot benefit from the crime. We have previously discussed the application of the rule in the case of Brent Mack, which upheld a US authority that a person cannot indirectly benefit in Can a Person Convicted of Murder be Prevented from Benefitting Indirectly from the Estate of the Victim? (9^th January 2018).

The legal position in the case of Wan is unclear. Cases can come down to issues such as whether the perpetrator understood what they were doing either through youthfulness, mental capacity or they were a victim of an abusive parent. For example, in the recent case involving Scott Settree, who murdered his parents in Cobar NSW, he was found not guilty because of his mental capacity. His sister, and executor of the parental Wills, successfully applied to the courts to have forfeiture applied, though the Court still awarded him $50000 from each parent to be held in trust for him.

Contact our Wills and Estate Lawyers in Sydney, NSW

Contesting a Will can be complicated and might arise from unusual circumstances. Szabo & Associates Solicitors are expert in all aspects of making, updating and contesting a Will. Please contact us on 02 9281 5088 or fill in our online contact form.