Sunir Watts and Sophia Smout discuss the forfeiture rule and assisted suicide in eprivateclient
Sunir and Sophia’s article was published in eprivateclient, 10 April 2024, and can be found here.
Sunir Watts, Partner and Sophia Smout, Associate in our Private client department, explore the complex legal implications of assisted suicide in the context of the forfeiture rule.
This rule, rooted in the Forfeiture Act 1982, prevents individuals who have unlawfully killed another from benefiting from their death. While its application in murder cases is well understood, its relevance in assisted suicide cases where a loved one helps someone end their life due to terminal illness is less widely recognised but equally significant under English law.
In the recent case of Goodman’s Estate, the court was asked to consider whether a husband who had helped his terminally ill wife end her life in the UK (due to COVID-19 travel restrictions preventing a trip to Dignitas) should be disqualified from inheriting her estate. Although he later took his own life, the court allowed his charitable bequest to include the inheritance he would have received, modifying the forfeiture rule in light of his low culpability and his wife’s clear, informed decision to die. This case underscores the legal and emotional complexity of such situations and the importance of early legal advice.
The article highlights two key legal processes: the criminal investigation that typically follows an assisted death, and the civil application for ‘relief from forfeiture’. While the Crown Prosecution Service often decides not to prosecute in these cases, early disclosure and cooperation are essential. On the civil side, a court may grant relief from forfeiture if it deems it just, but outcomes are uncertain and can be costly especially where other vulnerable beneficiaries are involved.
Sunir and Sophia offer practical guidance for those considering or involved in assisted suicide. They recommend early legal advice, choosing assistants who are not beneficiaries, and documenting the decision to die clearly. Maintaining open communication with legal advisers, the police, and the CPS can help reduce the legal risks. Ultimately, while the loss of a loved one in these circumstances is deeply painful, careful planning and support can help navigate the legal challenges that may follow.
Read the full article on the eprivateclient website [external link].