Edwards v State Trustees Limited

(2016) 54 VR 1; [2016] VSCA 28

Victorian Court of Appeal

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Interrogate

Catchwords

1. Wills and Estates
2. › Forfeiture rule
3. › Unlawful killing by beneficiary
4. › Application to manslaughter and analogous offences
5. › Whether rule absolute and inflexible or applied on case-by-case basis
6. › Whether rule applies to defensive homicide in context of family violence
1. Wills and Estates
2. › Forfeiture rule
3. › Nature of rule
4. › Whether rule of law based on public policy or equitable principle
5. › Whether court has discretion to grant relief from forfeiture
1. Wills and Estates
2. › Forfeiture rule
3. › Scope of rule in manslaughter cases
4. › Deliberate intentional and unlawful violence
5. › Motor manslaughter cases
6. › Diminished responsibility
7. › Whether rule extends beyond cases of deliberate violence

Quick Take

The forfeiture rule applies on a case-by-case basis to manslaughter and analogous offences such as defensive homicide; it is not absolute and inflexible as stated by the majority in Troja v Troja. At minimum, the rule applies where the killing involved deliberate, intentional and unlawful violence with no legal justification. It does not apply where the killer was unaware of the nature of their acts or where rational judgment was precluded (e.g., insanity). The rule is a rule of law, not equity, and courts have no inherent discretion to grant relief from its operation — legislative reform is required for that. The question whether the rule extends to manslaughter by criminal negligence or culpable driving remains open.