It’s a basic legal principle that a criminal shouldn’t be able to benefit from their crime. Just so, at a crossroads where civil and criminal law collide, the Forfeiture Rule is a doctrine of public policy that prevents an individual from benefitting from the estate of someone they have unlawfully killed. Anyone that is convicted of murder, manslaughter or assists in another's suicide "forfeits" their right to benefit from their victim’s estate. However, some exceptions apply - for example, if the individual is convicted of manslaughter (rather than murder), they can apply to the civil courts to have the forfeiture rule overturned so that they can benefit from the person’s estate.

Such cases are always tragic. The recent ruling in Challen v Challen is just such an example – Mrs Challen was convicted of murdering her husband but that conviction was later reduced to manslaughter based on evidence of her husband’s years of domestic abuse and coercive control. As a consequence, Mrs Challen was successful in overturning the rule and being allowed to benefit from her husband’s estate.

In the case of Leslie and Suzanne Winnister, their marriage had started to fray in 2019 and the Covid lockdown restrictions exacerbated this further in 2020. Leslie’s mental health deteriorated which led to him suffering from "severe depression with psychotic features". After seeing a text message that his wife had sent to their handyman, signed off with a “x”, Leslie believed that his wife was having an affair. This developed into the mistaken belief that the pair was poisoning him via his food, drink and even the air. It was clear to the family and friends of the couple that Leslie was extremely unwell. Leslie's paranoia and delusions sadly culminated in Suzanne's death on 8 September 2020 - for which Leslie showed no remorse, even going to the local pub after killing his wife, in a clear illustration of his fractured mental health.

Leslie was sentenced to an indefinite hospital order after admitting that he was guilty of manslaughter by diminished responsibility. His legal team later applied to have the forfeiture rule overturned. The High Court agreed that Leslie’s case was exceptional and his level of guilt was low, with his offending owing entirely to his mental disorder. The Court therefore approved an agreement that Leslie should inherit a minimum of £200,000 from Suzanne's estate.