What happens if someone named in a Will unlawfully kills the person whose estate they are due to inherit?
A recent NSW Supreme Court decision provides a stark example of the forfeiture rule – a longstanding legal principle that prevents a person benefiting from their own actions in the death of the Will maker.
In Prangemeier v Prangemeier [2026] NSWSC 1077, the Court considered how this rule affected not only an inheritance under a Will, but also property that the deceased and her former husband had owned as joint tenants.
What happened in Prangemeier v Prangemeier?
Sabine Edith Prangemeier and her former husband, Hans Prangemeier, separated in around 2015. Sabine moved to Germany, while Hans remained in Australia.
The couple had owned three properties as joint tenants. In 2018, Hans used a power of attorney previously given to him by Sabine to sell two of those properties.
After Sabine became aware of the sales, a caveat was lodged over the remaining property.
On 5 November 2018, Hans fatally stabbed Sabine in Stuttgart, Germany. He was subsequently convicted of murder by a German court.
The NSW Supreme Court was later asked to determine how Sabine’s estate should be administered.
What is the forfeiture rule in NSW?
The forfeiture rule is based on the principle that a person should not be permitted to benefit from unlawfully killing another person.
Sabine’s 2012 Will left her entire estate to Hans. However, it also provided that if Hans did not survive her, the estate would instead pass to their children in specified proportions.
The Court found that the forfeiture rule prevented Hans from receiving any interest in Sabine’s estate.
For the purpose of administering the estate, he was effectively treated as though he had predeceased Sabine. This meant the alternative gifts in the Will took effect and the children became the beneficiaries.
What happens to jointly owned property?
The case also demonstrates that the forfeiture rule can extend beyond assets passing under a Will.
Ordinarily, where two people own property as joint tenants, the surviving joint tenant becomes entitled to the property through the right of survivorship.
But the Court held that Hans could not obtain a financial benefit from Sabine’s death in this way.
For the remaining jointly owned property, Hans was recognised at law as the surviving registered proprietor, but the Court found that he held a half interest on constructive trust for Sabine’s estate.
The Court also determined that half of the proceeds from the two properties sold before Sabine’s death were held on constructive trust for the estate.
Why does the forfeiture rule matter?
Prangemeier illustrates an important distinction in estate law: determining who receives an estate is not always as simple as reading the Will or checking whose name appears on a property title.
Questions can arise about:
- whether a beneficiary is legally entitled to inherit;
- how a Will should operate when the forfeiture rule applies;
- jointly owned property and survivorship rights;
- constructive trusts; and
- how executors should administer the estate.
Where the forfeiture rule applies, an executor may need orders from the Supreme Court of NSW before assets can be distributed.
Need advice about a complex estate?
Estate administration can become particularly complicated when there is a dispute about who is entitled to inherit or how particular assets should be dealt with.
At The Law Office of Conrad Curry, we advise executors, beneficiaries and families in probate, deceased estate and estate dispute matters throughout New South Wales.
If you are dealing with a complex or disputed estate, contact our Wills and Estates team for advice about your options.
DISCLAIMER
This article reflects the current law at the time of publication. Please note that cases may have been the subject to appeal or subsequent judicial consideration since the date of posting. The decisions referred to are summarised for general understanding only. It is intended for informational purposes only and does not constitute legal advice. For specific legal guidance in relation to your situation, please consult with a qualified legal professional.