Miller v Miller

The High Court of Australia considered an appeal from the Supreme Court of Queensland in the matter of *Miller v Miller*. The dispute concerned the interpretation and application of the *Succession Act 1981* (Qld) in relation to the distribution of a deceased’s estate, specifically whether a beneficiary who had been convicted of the manslaughter of the deceased was entitled to inherit.

The central legal issue before the High Court was whether the forfeiture rule, which generally prevents a person from benefiting from their criminal act, applied in this instance, or if there were any exceptions or mitigating circumstances that would permit the beneficiary to inherit. The Court was required to determine the scope and effect of the forfeiture rule in Queensland law, particularly in light of the provisions of the *Succession Act 1981* (Qld).

The High Court held that the forfeiture rule, as a matter of public policy, operated to prevent the beneficiary from inheriting from the deceased’s estate, notwithstanding the provisions of the *Succession Act 1981* (Qld). Their Honours reasoned that the Act did not expressly abrogate the forfeiture rule and that to allow the beneficiary to inherit would be contrary to fundamental legal principles. The Court affirmed that the forfeiture rule is a well-established principle of Australian law that applies unless expressly displaced by statute. The appeal was dismissed.