The High Court has ruled that Sally Challen, a mother of two, who killed her abusive husband after suffering years of emotional abuse, can inherit his estate.
Sally Challen was given a mandatory life sentence in 2011 after being convicted of murdering Richard Challen in 2010 and was released in 2019 after winning an appeal in light of new evidence relating to her mental state at the time of the killing.
Mrs Challen then pleaded guilty to the lesser charge of manslaughter and was freed because she had already served the prison sentence imposed by the judge.
As a result, her right to the family estate was removed, under rules that prevent those from killing from inheriting their victim’s estate. However, a High Court judge stated that an exception should be made for Mrs Challen.
Judge Paul Matthews said: “The claimant has disclaimed any interest in actually recovering inheritance from her sons. She simply wishes them to benefit from the tax-free inheritance that she would have had.
“I am quite satisfied that the justice of this case requires that I should dis-apply the forfeiture rule to the facts of this case, taken as a whole.”
In his judgement, Matthews went on to clarify that the case does not mean that anyone suffering from coercive control ‘without more’ should expect to have the forfeiture rule waived, should they kill the person who is inflicting the abuse.
“Every case must be decided on its own merits. I emphasise that the facts of this terrible case are so extraordinary, with such a fatal combination of conditions and events, that I would not expect them easily to be replicated in any other.”
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