Public Comments on Common Law Forfeiture Rule
Summary
The Cayman Islands Law Reform Commission is seeking public comments on proposed legislative intervention for the common law forfeiture rule. The consultation examines whether statutory reform is needed to address outcomes in cases involving manslaughter, diminished responsibility, or coercive control.
What changed
The Cayman Islands Law Reform Commission has issued a discussion paper and is soliciting public comments regarding the common law forfeiture rule. This rule currently prevents individuals who unlawfully cause the death of another from inheriting from the deceased's estate. The Commission is assessing whether this strict common law principle is still appropriate or if legislative reform is necessary to provide fairer outcomes, particularly in cases involving manslaughter, diminished responsibility, or coercive control.
Stakeholders and the general public are invited to submit their views on the issues and recommendations presented in the discussion paper. Submissions must be forwarded by June 27, 2026, to the Director of the Law Reform Commission via email, post, or hand delivery. The discussion paper is available on the LRC and government websites, or can be collected in person.
What to do next
- Review the Discussion Paper on the Common Law Forfeiture Rule.
- Submit comments and views on the recommendations by June 27, 2026.
Source document (simplified)
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Public Comments: The Common Law Forfeiture Rule: A Case for Legislative Intervention
27 March 2026 | Consultation | By:
The Law Reform Commission (“the Commission”) invites stakeholders and members of the general public to comment on the issues identified in the Discussion Paper (“the Paper”) titled “The Common Law Forfeiture Rule: A Case for Legislative Intervention” and, in particular, to submit their views on the recommendations presented for discussion.
The Paper examines the common law forfeiture rule as it applies within the Cayman Islands legal framework. The forfeiture rule is a well-established common law principle that prevents a person who has unlawfully caused the death of another from benefiting from the deceased’s estate. The Paper assesses whether the strict common law approach remains appropriate, or whether statutory reform should be introduced to provide clearer and fairer outcomes in cases involving manslaughter, diminished responsibility, or coercive control.
The Paper may be viewed on the following websites: www.lrc.gov.ky or www.gov.ky or a copy may be collected from the Offices of the Commission.
Submissions should be forwarded no later than 27 June, 2026 to the Director of the Law Reform Commission, 5th Floor Government Administration Building, Portfolio of Legal Affairs, 133 Elgin Avenue, George Town, Grand Cayman, P.O. Box 136, Grand Cayman KY1-9000 either electronically to cilawreform@gov.ky, or in writing, by post or hand delivered.
Last updated: Article PDFs Discussion Paper - Forfeiture Rule.pdf
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