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Nevin and s.120 of the 1965 Act

234 · 2013-03-01 18:36:14

From the news reports the court has placed reliance on the fact that s.120(1) refers to a "person who has been guilty of the murder" rather than a person convicted of the murder, where the term "convicted" is used in s.120(4). Apparently this means that this is an expression of policy. Do this mean that you need to prove…

01-03-2013 7:36pm

#1

234

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From the news reports the court has placed reliance on the fact that s.120(1) refers to a "person who has been guilty of the murder" rather than a person convicted of the murder, where the term "convicted" is used in s.120(4). Apparently this means that this is an expression of policy.

Do this mean that you need to prove in the succession proceedings that the beneficiary murdered the testator/deceased on the lower standard of proof? Rather than just pointing to the fact of the conviction for murder?

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#2 01-03-2013 7:50pm

NoQuarter

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That was my reading of it, although I certainly didnt look into it in any detail. And in the civil proceedings, she can contend her innocence again. It would have to be the lower standard though I'd imagine.

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