The Public Trustee of Queensland v The Public Trustee of Queensland & Ors

[2014] QSC 47

Supreme Court of Queensland

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Interrogate

Catchwords

1. Succession
2. › Forfeiture where testator killed unlawfully
3. › Application of forfeiture rule
4. › Whether forfeiture rule extends to assisted suicide
5. › Whether person convicted of assisting testator's suicide disqualified from acting as executor
6. › Whether person convicted of assisting testator's suicide forfeits benefit under will
7. › Criminal Code (Qld), s 311(c)
1. Succession
2. › Forfeiture where testator killed unlawfully
3. › Forfeiture modification orders and mitigation of rule
4. › Whether judicial discretion exists to modify forfeiture rule in Queensland
5. › Whether absence of forfeiture legislation in Queensland implies common law rule does not extend to assisted suicide
6. › Forfeiture Act 1982 (UK)
7. › Forfeiture Act 1995 (NSW)
1. Criminal Law
2. › General matters
3. › Disabilities and disqualifications of convicted persons
4. › Disqualification from civil benefits accruing as result of crime
5. › Assisted suicide
6. › Whether conviction for assisting suicide triggers forfeiture of testamentary benefits

Quick Take

In Queensland, the common law forfeiture rule applies to assisted suicide: a person convicted of assisting a testator's suicide is disqualified from acting as executor and forfeits all testamentary benefits. The rule is absolute and inflexible, with no judicial discretion to modify it absent statutory change. The enactment of forfeiture modification legislation in other jurisdictions does not imply the common law rule does not extend to assisted suicide.