The Forfeiture (Northern Ireland) Order 1982

Power to modify the rule N.I.

4.—(1) Where a court determines that the forfeiture rule has precluded a person (in this Article referred to as the “offender”) who has unlawfully killed another from acquiring any interest in property mentioned in paragraph (4), the court may make an order under this Article modifying the effect of that rule.

(2) The court shall not make an order under this Article modifying the effect of the forfeiture rule in any case unless it is satisfied that, having regard to the conduct of the offender and of the deceased and to such other circumstances as appear to the court to be material, the justice of the case requires the effect of the rule to be so modified in that case.

(3) In any case where a person stands convicted of an offence of which unlawful killing is an element, the court shall not make an order under this Article modifying the effect of the forfeiture rule in that case unless proceedings for the purpose are brought before the expiry of the period of three months beginning with his conviction.

(4) The interests in property referred to in paragraph (1) are—

(a) any beneficial interest in property which (apart from the forfeiture rule) the offender would have acquired—

(i) under the deceased's will or the law relating to intestacy;

(ii) on the nomination of the deceased in accordance with the provisions of any statutory provision; or

(iii) as a donatio mortis causa made by the deceased; or

(b) any beneficial interest in property which (apart from the forfeiture rule) the offender would have acquired in consequence of the death of the deceased, being property which, before the death, was held on trust for any person.

(5) An order under this Article may modify the effect of the forfeiture rule in respect of any interest in property to which the determination referred to in paragraph (1) relates and may do so in either or both of the following ways, that is—

(a) where there is more than one such interest, by excluding the application of the rule in respect of any (but not all) of those interests; and in the case of any such interest in property, by excluding the application of the rule in respect of part of the property.

(6) On the making of an order under this Article, the forfeiture rule shall have effect for all purposes (including purposes relating to anything done before the order is made) subject to the modifications made by the order.

(7) The court shall not make an order under this Article modifying the effect of the forfeiture rule in respect of any interest in property which, in consequence of the rule, has been acquired before the commencement of this Article by a person other than the offender or a person claiming through him.

(8) In this Article—

• “property” includes any chose in action; and

• “will” includes codicil.