Murder and Wills

Understanding the Legal Implications: Murderers Cannot Benefit from Their Crimes

We wrote an article recently about Forfeiture and how it essentially means that those that commit crime, cannot benefit as a result for example if someone were to murder their parents to benefit from their Will, this can’t happen.

In a recent case that shook the UK, James Andrews, 52, admitted to the manslaughter of his parents, Mary and Bryan Andrews, at their home in Terrey Road. The tragedy unfolded on November 27th 2022, with the couple, aged 76 and 79, found fatally stabbed. Andrews, experiencing a psychotic episode, inflicted multiple injuries on his parents using a German bayonet.

At Sheffield Crown Court, Andrews pleaded guilty to manslaughter by reason of diminished responsibility. Despite denying their murder, the severity of the crime could not be overlooked. David Brooke KC, prosecuting, revealed the chilling details of the attack, with Andrews confessing to the authorities upon arrest, stating, “I just killed my mum and dad.”

The court heard disturbing accounts of Andrews’ deteriorating mental health, with reports of him hearing voices for months preceding the incident. Andrews attributed his actions to a divine mandate, claiming that “God had made him do what he had done.” His family, devastated by the loss and the system’s apparent failure to provide adequate mental health support, expressed their anguish in court.

Sally Andrews, one of James Andrews’ sisters, articulated the family’s frustration, highlighting the prolonged wait for mental health assistance. She lamented the absence of timely intervention, questioning the efficacy of the healthcare and social services system. “My parents sacrificed their lives so he could get a diagnosis of a ‘serious mental illness,'” she proclaimed, underscoring the tragic consequences of systemic shortcomings.

The court recognised the gravity of the situation, sentencing James Andrews to an indefinite hospital order. Mrs Justice Mary Stacey emphasised the need for treatment over punishment, acknowledging the complexities of mental illness and its role in the tragic events. “You need treatment, not punishment for these crimes,” she declared, reflecting the judiciary’s commitment to addressing the underlying issues.

This case underscores a fundamental principle of justice: perpetrators of heinous crimes cannot profit from their actions. Despite the tragic loss suffered by the Andrews family, the legal system ensures that offenders do not benefit from their wrongdoing.

Furthermore, it’s crucial to note that James Andrews will not benefit from any inheritance resulting from his parents’ estate. In cases where an individual is convicted of killing the testator (the person who made the Will), the law typically prevents them from inheriting any assets or benefits from the deceased’s estate. Instead, these assets may be distributed among other family members or designated beneficiaries according to the laws of intestacy or the provisions outlined in the deceased’s Will.

This legal safeguard ensures that individuals convicted of serious crimes do not benefit financially from their actions and underscores the principle that inheritance should be a reflection of familial love and responsibility, not the result of criminal acts. As the legal proceedings continue, the focus remains on providing support and care for all affected parties, mitigating the impact of this tragic event to the greatest extent possible.



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