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Trusts and Estates

The Forfeiture Act 1982

Claims involving the Forfeiture Act 1982 (the 1982 Act) can be among the saddest and most poignant of all types of case within the field of contentious trusts and estates. They offer a window to the lives of people facing the most painful and distressing choices in extremis. In such cases the 1982 Act may be seen as offering either a concession to human frailty or bravery depending on your perspective. A recent illustration is the decision of Chief Master Marsh in Re Ninian [2019] EWHC 297 (Ch), which was handed down on 21 February 2019, and which concerned the consequences of assisted suicide. Another example drawn from a couple of years ago is Macmillan Cancer Support v Hayes [2017] EWHC 3110 (Ch).

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