Volume 107

This paper examines the operation and shortcomings of the common law forfeiture rule in Victoria, Australia, which precludes individuals from inheriting the estate of someone they have unlawfully killed. While the rule is grounded in a strong moral principle—that one should not benefit from their own wrongdoing—it has proven to be rigid and overly simplistic in complex succession cases. The paper contrasts the Victorian approach with that of New South Wales, where the Forfeiture Act 1995 provides courts with statutory discretion to grant relief based on contextual factors such as intent, relationship with the deceased, and mitigating circumstances. Through a comparative analysis of key cases and statutory frameworks, the study argues that Victoria’s exclusive reliance on common law is no longer tenable. It contends that introducing a statutory model, akin to the New South Wales regime, would enhance both fairness and clarity in the administration of succession law. The paper concludes that legal reform is necessary for Victoria to respond more justly to morally complex scenarios without abandoning the deterrent effect of the forfeiture rule.

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