Re K (decd)
| Re K | |
|---|---|
| Court | Court of Appeal |
| Citation(s) | [1985] Ch 85; [1985] Ch 180 |
| Keywords | |
| Co-ownership | |
Re K [1985] Ch 180 is an English land law case, concerning co-ownership of land, and severance of a joint tenancy.
Facts
A wife who had suffered severe domestic violence had unintentionally shot and killed her husband. In one of his uncontrollable rages he had followed her into a room and she picked up a loaded shotgun and took off the safety catch, merely intending to threaten him. She was charged with murder, but convicted of manslaughter instead, and got put on probation. She had been bequeathed £1000 by him. The question was whether she could take this money consistently with the Forfeiture Act 1982.
Judgment
Vinelott J held the threat of violence was serious enough for forfeiture. Although the events were before the passing of the Forfeiture Act 1982, it was not precluded, and the court had section 2 discretion. Taking into account their conduct and the wife’s financial position it was just for the wife to be relieved from forfeiture. Severance is imposed if one beneficiary unlawfully kills another.
| “ | the forfeiture rule unless modified under the Act of 1982 applies in effect to sever the joint tenancy in the proceeds of sale and in the rents and profits until sale. | ” |
In the Court of Appeal, Ackner LJ, Griffiths LJ and Browne-Wilkinson LJ upheld the decision of Vinelott J.