Wills and Homicide

In the context of Wills there is a rule of forfeiture. This simply states that people should not be able to profit from their crimes. For example children cannot murder their parents and expect to receive their inheritance.

However, a controversial case demonstrates the problems of the rigid nature of the forfeiture rule. Jemma Edwards stabbed her husband James 30 times on 18 January 2011, killing him after fearing that he was about to set her on fire and kill her. This event was the conclusion of a 13 year relationship that was fraught with domestic violence. Multiple police reports had been filed documenting James’ abuse of Jemma. At trial, Jemma eventually pleaded guilty to defensive homicide.

The question of whether or not Jemma should continue to be the beneficiary of James’ Will went all the way to the Court of Appeal in Victoria. The three judges, whilst lamenting the tragic nature of the case, upheld the rule of forfeiture. They stated that if such a drastic change was to be made to the law, it would have to be brought about by Parliament.

If you have further questions, please contact us at frank@franklaw.com.au.

This is not legal advice.