Convicted of manslaughter six years after lying to police about the circumstances of her husband’s death, Susan Mouat was forced to surrender her inheritance; the Succession (Homicide) Act disqualifies killers from benefitting financially out of their victim’s estate.
Bruce Mouat died in July 2011, from injuries suffered when he fell drunk down steps of the family home his widow told the police. Six years later she pleaded guilty to manslaughter, having admitted to pushing him causing the fall. Bruce died without leaving a will. This left his widow as the sole beneficiary under the Administration Act of an estate valued at $129,700. Stepson Laine Andrew Kawana-Mouat received $62,300 of this money in an out-of-court settlement as part of a Family Protection Act claim against his late father’s estate.
After Susan Mouat’s conviction for manslaughter, the stepson successfully challenged her entitlement to any return from her late husband’s estate. The Succession (Homicide) Act prohibits anyone from benefitting through the unlawful killing of another. The effect of the Act is that it is as if the criminal had in fact pre-deceased the person they killed. Rules of succession are applied as if the killer also were dead. Applying the Administration Act to these new circumstances: the stepson was entitled to claim from Susan Mouat half the $67,300 she had received; his half-sister (the daughter of Bruce and Susan Mouat) is entitled to the other half totalling $33,680 should she wish to claim.
The court was told Susan Mouat took absolute control of jointly owned assets valued at about $200,000 on her husband’s death. The Succession (Homicide) Act does not affect jointly owned property. Jointly-owned property does not form part of a person’s estate on death. Full ownership and control passes to the surviving joint owner.
Kawana-Mouat v. Mouat – High Court (17.07.18)
18.144