Court order confirms beneficiaries’ direction to personal representative to waive forfeiture rule following assisted death (In re the estate of David Peace)
Private Client analysis: In the unreported decision of In re the Estate of David Walter Peace (Decd), the High Court confirmed that, where all potential beneficiaries to a Will or intestacy are of age and have capacity, they are capable of waiving the forfeiture rule by agreement. Such an agreement is not unenforceable as contrary to public policy and will bind the deceased’s personal representatives who can rely on it in distributing the estate. Raghav Trivedi and Charles Towl of St Philips Chambers discuss the decision and its implications for Private Client practitioners.