In a Queensland first, Mahoneys has successfully argued that a husband who murdered his wife was precluded from benefiting from her death – with the Court declaring that the husband holds the whole of their jointly owned family home on a constructive trust for her estate.

Furthermore, applying the forfeiture rule, the Court confirmed that equity prevented a killer from retaining any interest arising from survivorship, and required the transfer of the entire property to the deceased’s daughter as administrator of the estate. The Court also confirmed the daughter’s entitlement to the deceased’s life insurance and superannuation, reinforcing strong protections for victims’ estates in cases of unlawful killing.

The matter was argued by Mahoneys Partner and QLS Accredited Specialist, James Morgan, with support from Nicola Richards and Counsel.

Written by Mahoneys

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