[1992] 1 VR 583
Re KEITLEY
SUPREME COURT OF VICTORIA
COLDREY J
25 July, 09 August 1991
[1992] 1 VR 583
Administration and probate — Public policy — Manslaughter of testator by wife
beneficiary — Whether wife's interest under testator's will forfeited
.
The applicant had pleaded guilty to the manslaughter of the testator. The
killing had occurred in circumstances in which the applicant's level of moral
culpability was markedly diminished. Held, that, in the circumstances of the
case, the applicant should not be disqualified by the forfeiture rule from
taking the benefits under the testator's will. Public Trustee v Evans (1985) 2
NSWLR 188 and Public Trustee v Fraser (1987) 9 NSWLR 433, followed.
Cleaver v Mutual Reserve Fund Life Association 1892 1 QB 147; Gray v Barr
1971 2 QB 554; Re Giles (Deceased) 1972 Ch. 544 and Re K (Deceased) 1985
Ch. 85, not followed.
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[1992] 1 VR 583
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