EDWARDS v STATE TRUSTEES LTD and Others

54 VR 1·Whelan, Santamaria and Kyrou JJA
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54 VR 1
54 VR 1
EDWARDS v STATE TRUSTEES LTD and Others Court of AppealWhelan, Santamaria and Kyrou JJA 5 March, 18 December 2015, 3 February, 7, 10 March 2016[2016] VSCA 28Administration and probate — Forfeiture rule — Beneficiary guilty of defensive homicide of testator — Scope of application of forfeiture rule to manslaughter and analogous homicides — Public policy — Whether rule equitable in nature — Whether rule applied to prevent beneficiary taking benefit of will.

The appellant pleaded guilty to defensive homicide after killing her husband. By her plea, she accepted that she intended to kill the deceased or to cause him really serious injury. She also accepted that, while she believed that her conduct was necessary to defend herself from the infliction of death or really serious injury, she did not have reasonable grounds for that belief. The appellant was sentenced to imprisonment.

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