The Terminally Ill Adults (End of Life) Bill, commonly known as the Assisted Dying Bill, has once again been introduced to Parliament, sparking significant public and political debate. This Bill’s outcome will profoundly impact whether individuals need to travel abroad with their terminally ill loved ones to seek assisted dying services or if they can spend their final moments together in their home country.
The legal landscape
Under the current legal framework, the Suicide Act 1961 (SA) stipulates that while committing suicide is not unlawful, it is a serious offence to encourage or assist another person in committing or attempting to commit suicide.
Additionally, the Forfeiture Act 1982 enforces the forfeiture rule, which states that anyone who assists or encourages another to attempt or commit suicide forfeits their interest in the deceased’s estate and any jointly owned assets. This rule is grounded in the moral principle that one cannot benefit from one’s wrongdoing. Nonetheless, the Court retains the discretion to adjust the forfeiture rule when equity demands such a modification.
Case study: Morris v Morris and Others [2024] 4 WLR 84
Background
In the case of Morris v Morris and Others, the Claimant accompanied his terminally ill wife to an assisted dying clinic in Switzerland, where she ended her life. Upon his return to the UK, no legal action was taken against him, but his actions could qualify as an offence under section 2(1) of the SA.
The Claimant acknowledged this, and the forfeiture rule would typically prevent him from inheriting his wife’s residuary estate under her Will. Consequently, he sought a modification of the forfeiture rule against the Defendants, who were also beneficiaries of the estate. The beneficiaries consented to the relief sought by the Claimant.
Decision
The Court concluded that the victim had independently and deliberately chosen to end her own life, making a purposeful, lucid, and well-considered decision prior to receiving any assistance from the Claimant. Therefore, the Court decided to alter the forfeiture rule by rejecting its application in full. In making this decision, the Court considered several factors, including:
- The public interest
- The relationship between the lawbreaker and the deceased
- The size of the estate
- The degree of moral culpability
- The intentions of both the offender and the deceased
- The financial position of the offender
What are the implications of the Bill?
If the Assisted Dying Bill is passed, it will have significant implications for the application of the forfeiture rule. Specifically, individuals who assist a loved one in ending their life, including making administrative arrangements and travelling abroad, would no longer be barred from inheriting from the deceased’s estate upon their return. This change would align the legal framework with the evolving societal views on assisted dying and provide clarity and compassion for those facing such difficult decisions.
At Slater Heelis, we understand the complexities and sensitivities surrounding end-of-life decisions. We work collaboratively with our clients to navigate these challenging situations, ensuring that their needs and unique circumstances are fully understood and addressed.
Comment
The reintroduction of the Assisted Dying Bill to Parliament highlights the ongoing debate around end-of-life choices and the legal implications for those involved. The case of Morris v Morris and Others serves as a poignant reminder of the current legal landscape and the potential for change.
There is no doubt there will be concerns regarding the safeguards, many MPS who voted for the Bill will want the safeguards tightened when the Bill proceeds to the next stage as this will have a profound impact on clients, their families and any professionals involved including solicitors. It will be interesting to see how things develop in the future.
Get in Touch
As always, we at Slater Heelis are here to support and guide you through these complex legal matters with professionalism and empathy. If you have any questions or need assistance with your development projects, please don’t hesitate to contact John Gorner to discuss your matter, or contact us by using our online contact form or call 0330 111 3131.