The financial consequences of assisted suicide and applying for relief from forfeiture
Assisted suicide is a topic of significant public and political debate in the UK and its surrounding jurisdictions. It is a debate that stirs up strong opinion, but it often focuses on the risk of prosecution and overlooks the financial consequences for families. Currently, families of loved ones who die by assisted suicide risk losing everything.
Under the Suicide Act 1961 (the Suicide Act), while it is not unlawful to commit suicide it is a serious offence to encourage or assist the suicide or attempted suicide of another. This could include travelling with a loved one to an assisted dying clinic overseas, or even just helping them book their travel. The maximum penalty is 14 years’ imprisonment, although the CPS may take a decision not to prosecute if it is not in the public interest to do so.
Under the Forfeiture Act 1982 (the Forfeiture Act), a person who assists or encourages another to attempt or commit suicide forfeits their interest in the deceased’s estate and any jointly owned assets. This is known as the forfeiture rule, and it is based on the moral principle that a person cannot benefit from their own wrongdoing.
The effect is that anyone who assists another to die by suicide forfeits an interest in their estate and any jointly owned assets will be severed. An offence under the Suicide Act engages that rule, regardless of whether there is a criminal prosecution or conviction. This can have a devastating impact on those left behind and can have significant tax implications.
Power to modify the forfeiture rule
The Forfeiture Act gives the court the power to modify or exclude the effects of the forfeiture rule. We have extensive experience acting for family members who require relief from the forfeiture rule. Alexa Payet represented the successful claimant in the case of Ninian v Findlay [2019] EWHC 297 (Ch) (Ninian), which was the first reported case concerning assisted dying at a Swiss clinic, and until October 2024 it was the only reported decision on the issue. In that case, the person assisting the suicide faced a criminal investigation and a claim in the civil court for relief against forfeiture.
Alexa has since represented many other families in similar circumstances, including the successful Claimant in Morris v Morris & Others [2024] EWHC 2554 (Ch) which is the second landmark decision in this area of law.
Alexa is described as “the most experienced solicitor in the country in this area of the law” (John Critchley, Head of Chambers, Field Court Chambers). “Alexa has helped shape the modern law on applications for relief against forfeiture. She has had conduct of the litigation in the leading decisions. There is nobody more experienced in guiding families through these challenging applications.” (Toby Bishop, 5 Stone Buildings)
As the law stands, there is no alternative to the process of applying for relief from the forfeiture rule. A properly considered and legally drafted application from a specialist lawyer is therefore essential.
Our legal expertise combined with our understanding of the sensitive and emotional nature of these cases, make us an essential resource for those who find themselves in this difficult and sad situation as we can guide you through the crucial steps required to be taken in such cases.
Please contact us if you or a loved one requires assistance.
