Snowdon v Dondas

Snowdon (the applicant) sought leave to appeal against a decision of the Full Court of the Supreme Court of the Northern Territory. The dispute concerned the validity of a will made by the deceased, Dondas. The applicant, who was the sole beneficiary under the will, had been convicted of the murder of the deceased. The respondent, who was the deceased's next of kin, argued that the applicant was disqualified from inheriting under the will by reason of the forfeiture rule, which prevents a person who has unlawfully killed another from benefiting from that person's estate.

The central legal issue before Brennan CJ was whether the forfeiture rule, as a matter of public policy, operated to disqualify the applicant from inheriting under the will, notwithstanding that the applicant had not been convicted of murder at the time the will was made. The applicant contended that the forfeiture rule should not apply where the will was made after the unlawful killing, arguing that the deceased's intention to benefit the applicant should be given effect.

Brennan CJ considered the principles of the forfeiture rule, which are rooted in public policy and the maxim that no one should profit from their own wrong. His Honour noted that the rule applies irrespective of the deceased's intentions at the time of making the will, as the rule is a consequence of the killer's conduct, not the victim's wishes. The court affirmed that the forfeiture rule is a fundamental principle of law that prevents a convicted murderer from inheriting from their victim's estate, even if the victim made a will in the murderer's favour after the killing.

Leave to appeal was refused.