The law surrounding the Forfeiture Rule has been projected to the forefront of the public’s consciousness in the High Court decision concerning a widow who accompanied her husband to Dignitas.
The High Court judgment delivered last month granted the widow the right to inherit her husband’s £1.8 million estate, even though she accompanied him to Switzerland’s Dignitas clinic for his assisted death.
Over the past two decades there has been intense media coverage, many UK court cases, and many high profile testimonies surrounding the conflicts over assisted suicide and voluntary euthanasia. Whilst the topic generates debates on a variety of levels – ethical, moral, religious, spiritual, political, cultural, psychological and professional – one level that is often overlooked concerns the potential financial consequences for the families involved.
The Forfeiture Rule is established in s.2 of the Forfeiture Act 1982 which precludes a person from benefitting from another person’s estate where a person has unlawfully killed, aided, abetted, counselled or procured the death of that other. Therefore the law currently provides that those guilty of assisting suicide automatically forfeit or lose their interest in the deceased person’s estate irrespective of whether or not there is a criminal prosecution.
However, under s. 2 of the Forfeiture Act 1982, the Court has a discretionary power to waive this rule if satisfied that 'having regard to the conduct of the offender and of the deceased and to such other circumstances as appear to the court to be material, the justice of the case requires the effect of the rule to be so modified in that case'. Whilst clearly the rule applies where the successor is guilty of the murder or manslaughter of the deceased, the extent to which it applies to assisted suicides is less certain.
The High Court case, therefore, provides greater clarity in this respect as it considered a number of relevant factors to assess the application for relief from the Forfeiture Rule. The High Court quoted LJ Mummery who stated “the court is entitled to take into account a whole range of circumstances…the conduct of the offender and the deceased; the relationship between them; the degree of moral culpability for what has happened; the nature and gravity of the offence; the intentions of the deceased; the size of the estate and the value of the property in dispute; the financial position of the offender; and the moral claims and wishes of those who would be entitled to take the property on the application of the Forfeiture Rule." Despite the widow being present throughout the trip to Switzerland, the deceased’s assessment by representatives of Dignitas and the occasion of his suicide, the High Court held that a number of factors including the quality of evidence greatly assisted the case, as did the deceased husband’s witness statement written after obtaining independent legal advice, the fact the widow was supported by the alternative potential beneficiaries as well as the decision of the Crown Prosecution Service not to prosecute her.
Had the widow been unsuccessful in her claim for relief against the Forfeiture Rule she would have no entitlement to her husband’s estate, or his interest in their joint assets which would have passed to the substitute beneficiaries named in his Will.
There are a significant number of factors relevant to waiving the Forfeiture Rule which demonstrates the sensitive exercise of the Court’s discretion because of the interaction between differing elements of the justice system. As such the case provides some welcome clarity on the issue of assisted dying in recognising that the law can distinguish between different types of behaviour showing compassionate assistance is not to be punished. Despite this clarification, what emerges from the judgment is that there are a number of very serious issues both legal and procedural that need to be considered with the utmost care before embarking on the emotionally fraught course of action involved in such situations. Specialist independent advice from experienced lawyers in the field covering both the legal and medical perspectives is essential to protect all parties properly and adequately and to avoid potential criminal liability as well as ensuring that the inheritance intentions of those wishing to end their life are carried out in accordance with their final wishes.
For more information on the topic please contact our Private Client team.
