Forfeiture act-NSW

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Antitrust_1

Member
9 July 2020
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0
1
At NSW jurisdiction: Forfeiture law and Forfeiture act 1995
let's take a situation of a killer who is not convicted in the killing (murder or manslaughter) of a deceased which he inherits, because of mental illness.
(for example, a son who kills his parents but is not convicted because he is declared as a person who doesnt have responsibilities to his actions due to mental illness).
1. Can he claim his share of the estate as a beneficiary without further litigation process? for example, if his share was held in the public trustee guardian until the outcome of his criminal fate (convicted or not), can he claim it directly from the trustee?
2. if the answer to Q1 is yes, the only way to prevent him from claiming his share is to use the litigation process: "the Forfeiture Act 1995 NSW" in the supreme court of NSW (Forfeiture application)?

Thank you for your help
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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When did the person die?
 

Tim W

Lawyer
LawTap Verified
28 April 2014
3,626
699
2,894
Sydney
Hello, Tim.
Does it influence the outcome?
we are talking about a range within the last 5 years
It's relevant to the bringing of an application.
Are you the applicant or the respondent here?
 

Antitrust_1

Member
9 July 2020
3
0
1
I'm not sure I understand
In the situation described above:
Can the killer claim his share directly, without making an application to the court, (if the other beneficiaries don't use the Forfeiture Act application to prevent him from doing so)?