Where a residuary beneficiary is charged with the murder of the testator, the estate is not fully administered until the forfeiture question is resolved, and the beneficiary has no present right to distribution. An executrix is not in breach of duty by awaiting the outcome of criminal proceedings before determining entitlement, and the court will not grant summary relief or a Re Benjamin order where there is a genuine doubt as to whether the forfeiture rule applies. The presumption of innocence does not assist a beneficiary in obtaining interim distribution where the question of criminal conduct is not itself an issue to be decided in the proceedings.
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