Forfeiture rules – assisting suicide

The recent High Court ruling pleased me… a lot … and I want to share it with you: “Accompanying deceased to Swiss clinic does not by itself amount to assisting suicide“, says England and Wales High Court (EWHC) and allows the widower to inherit the estate of the deceased!

Background: For two years, she had been suffering from the incurable degenerative neurological disorder Multiple System Atrophy. The coroner at her inquest noted that her condition had deteriorated to the point where she had little enjoyment from life, was in constant pain and found it very difficult to cope. It was accepted by all parties that the deceased ended her own life by self-administration of an overdose of pentobarbital. To do so, she had obtained assistance from Pegasos clinic staff and her husband and two adult children. The forfeiture rule as codified in the Forfeiture Act 1982 would prevent the claimant from inheriting the assets the deceased left him.

Accompanying the deceased may sometimes be part of a course of conduct that indicated intent to assist, this would not necessarily be the case. The family’s only intention in being there was to provide comfort to the deceased by their presence and nothing they did was capable of encouraging her death by suicide, the court said. Accordingly, their interests in her estate are not forfeit. A good outcome in my view

#Assisted-dying, #lastingpowerofattorney#LPA#Wills#inheritance#inheritancetax#estateplanning#probate

https://www.facebook.com/FinawisAdvisors/posts/1046760847459666