A LANDSCAPE gardener who knifed to death his girlfriend and six-year-old son has appeared in court fighting to inherit their estate.

Paul Chadwick, who killed Lisa Clay and Joseph Chadwick at their home in Bolton-le-Sands last year, hopes to make legal history by exploiting a loophole which could enable him to inherit their home and other assets - even though the law usually prevents such an occurrence.

Now the family of his victims have spoken of their 'torment' over the High Court test case.

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“To have Lisa and Joseph killed in this way is a tragedy we will never overcome. It is something that will live with all of us forever," they said.

“But to be faced with the prospect of seeing their killer in court, fighting to inherit money from the two people he stabbed to death, has been too much for us.

“He has nothing to lose from taking this action, but it has caused such torment for us."

The law states that those convicted of murder or manslaughter cannot inherit from their victim or profit from their crimes.

However, there is a clause allowing the ban to be waived on the grounds of 'exceptional circumstance' - and Chadwick, who was detained to a secure mental health unit after pleading guilty to two counts of manslaughter on the grounds of diminished responsibility, has claimed his mental illness meant he had not intended to kill.

The family's statement continued: “Is it justice that he can stand there in court with the hope of claiming Lisa’s estate while we have to sit there with the prospect that he could soon be released to enjoy the spoils of his horrendous crime?

“When Lisa and Joseph were killed we tried to avoid reading the details of how they died because it was just too harrowing.

"But this legal action has forced us to go over the facts and the details of the attack and we have had to read statements from the paramedics, police and other people who saw the aftermath.

"We have read all that we can bear."

The case began yesterday at Manchester's Civil Justice Centre and will continue today.

“These claims are rarely brought before the courts as the usual rule is that offenders cannot profit from their crimes," said the family's lawyer, Keith Etherington, of Slater and Gordon.

“Manslaughter is the unjustifiable, inexcusable and intentional killing of another person. The usual rule should not be relaxed where the violence was grievous and unprovoked, as here.”