The forfeiture rule applies inflexibly in Victoria to all cases of voluntary manslaughter and defensive homicide; there is no discretion to disapply the rule based on the killer's low moral culpability or tragic circumstances. The discretionary approach taken in Re Keitley and Miliankos should not be followed. Where the forfeiture rule causes a primary gift by will to fail, the Hayles-style constructive trust is not an appropriate remedy, and the rule in Jones v Westcomb will only save a gift-over provision where the contingency that occurred is encompassed a fortiori by the contingency provided for in the will — which will rarely be the case where the primary beneficiary has killed the testator. The question whether the rule applies to involuntary manslaughter or culpable driving causing death remains open.
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