Agreements between beneficiaries and the forfeiture rule

Re Peace - the latest judgment in a sensitive area of case law

Edward Hewitt

A recent unreported decision of the High Court provides some helpful clarity in relation to the effectiveness of agreements between beneficiaries in estates affected by the forfeiture rule, such as in cases involving assisted dying. In a decision concerning the estate of the late David Peace, Deputy Master Bowles confirmed that the forfeiture rule can be waived by agreement where all interested beneficiaries are capacitous adults. This provides helpful reassurance to personal representatives that they can safely administer an estate in accordance with such an agreement, even in the absence of a formal application for relief under the Forfeiture Act 1982, or a judicial blessing.