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Killer Paul Chadwick's claim to partner's £80k estate dismissed Killer Paul Chadwick's claim to partner's £80k estate dismissed
(about 1 hour later)
A man who was detained in a mental health unit for killing his partner and their child has had his claim to £80,000 from her estate dismissed.A man who was detained in a mental health unit for killing his partner and their child has had his claim to £80,000 from her estate dismissed.
Lisa Clay and Joseph Chadwick were found stabbed to death at their home in Bolton-le-Sands, Lancashire last year. Lisa Clay and Joseph Chadwick were stabbed to death at their home in Bolton-le-Sands, Lancashire last year.
Paul Chadwick, 35, had told Manchester's High Court his partner would have wanted him to inherit the cash but he was not motivated by money.Paul Chadwick, 35, had told Manchester's High Court his partner would have wanted him to inherit the cash but he was not motivated by money.
He was not in court to hear Judge Mark Pelling QC read his written judgement.He was not in court to hear Judge Mark Pelling QC read his written judgement.
Chadwick, formerly of Lowlands Road, admitted two counts of manslaughter on the grounds of diminished responsibility and was sentenced at Preston Crown Court in October to an indefinite hospital order.Chadwick, formerly of Lowlands Road, admitted two counts of manslaughter on the grounds of diminished responsibility and was sentenced at Preston Crown Court in October to an indefinite hospital order.
Chadwick, who also attempted to kill himself before Miss Clay and Joseph's bodies were discovered, was allowed out of a secure mental health unit to argue his case in court on Monday. Chadwick, who also attempted to kill himself before the bodies of Miss Clay, 40, and Joseph, six, were discovered, was allowed out of a secure mental health unit to argue his case in court on Monday.
Miss Clay had made a will in which she said all her assets would transfer to Chadwick in the event of her death.Miss Clay had made a will in which she said all her assets would transfer to Chadwick in the event of her death.
The law states those convicted of murder or manslaughter cannot inherit from their victims or profit in any way from their crimes.The law states those convicted of murder or manslaughter cannot inherit from their victims or profit in any way from their crimes.
However, the forfeiture rule can be modified to take into account the conduct of the offender, the deceased and any other relevant material concerned.However, the forfeiture rule can be modified to take into account the conduct of the offender, the deceased and any other relevant material concerned.
Chadwick's claim was opposed by the estate's beneficiaries, Ms Clay's extended family.Chadwick's claim was opposed by the estate's beneficiaries, Ms Clay's extended family.
'Justice done''Justice done'
His barrister Michael Whyatt had argued the estate was "modest" and "small amounts of money scattered thinly are going to make less difference than to give the complainant some potential to rebuild his life after he is released".His barrister Michael Whyatt had argued the estate was "modest" and "small amounts of money scattered thinly are going to make less difference than to give the complainant some potential to rebuild his life after he is released".
The claim had been for half the proceeds of any future sale of the bungalow Chadwick owned with Ms Clay, her half of £60,000 and £20,000 of her assets. The claim had been for half the proceeds of any future sale of the bungalow Chadwick jointly owned with Ms Clay, her half of £60,000 and £20,000 of her assets.
Dismissing his claim, Judge Pelling said: "The justice of this case does not require that I modify the forfeiture rule.Dismissing his claim, Judge Pelling said: "The justice of this case does not require that I modify the forfeiture rule.
"In those circumstances, the claim is dismissed.""In those circumstances, the claim is dismissed."
Speaking outside court, the lawyer for Ms Clay's family, Keith Etherington, said: "It's the end of a 10 month ordeal where they've had to relive the most harrowing of facts from a very brutal crime." He said there was "sufficient culpability to justify the application of the forfeiture rule" and the evidence available "does not establish that the abnormality from which the claimant was suffering caused [him] to kill either the deceased or his son".
In deciding his ruling, he said he had also considered the fact the majority of the estate was funded "by what the deceased had been given by her late mother".
He added that Chadwick would "have his share of the property and a half share of the sums" in his and Ms Clay's joint account at the date of her death and that difficulties he would have finding work on release "do not outweigh" the other factors in the case.
Speaking outside court, the lawyer for Ms Clay's family, Keith Etherington, told BBC North West Today's Dave Guest: "It's the end of a 10 month ordeal where they've had to relive the most harrowing of facts from a very brutal crime."