Can beneficiaries disapply the forfeiture rule by agreement?
In Re Peace (2025, unreported), the court held that where all adult beneficiaries are competent and together entitled to the entire estate, they may direct the personal representatives to administer it without regard to the forfeiture rule.
Justin Holmes of Radcliffe Chambers, instructed by Jan Atkinson at Osbornes Law, acted for the executor. The case opens the way for avoiding distressing and costly forfeiture applications in appropriate circumstances.
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