Judicial Ruling on Assisted Death and Inheritance Rights
A recent high court ruling has determined that Philip Morris, 76, is entitled to inherit a portion of his late wife Myra’s estate, despite his involvement in her assisted death in Switzerland. Myra, who suffered from multiple system atrophy—a degenerative neurological disorder—travelled to the Pegasos clinic in December 2023, where she self-administered a fatal dose of pentobarbital.
Philip assisted Myra “with very great reluctance” and reported her death to authorities upon returning to the UK. Although the Forfeiture Act 1982 generally prohibits individuals who unlawfully kill from benefiting from the deceased’s estate, Mr Justice Trower ruled that the forfeiture rule should not apply in this case. He acknowledged that Philip acted out of love and respect for Myra’s wishes, stating, “Philip sacrificed his own happiness and put himself at risk of prosecution to honour the heartfelt wishes of his wife.”
Under current English and Welsh law, assisting someone in ending their life is a criminal offence, potentially punishable by up to 14 years in prison, although prosecutions are uncommon.
This ruling comes at a pivotal time, as a bill to legalise assisted dying for terminally ill patients is scheduled for debate in the House of Lords later this month. The proposed legislation aims to establish strict criteria for eligibility, reflecting the ongoing discussion and evolving perspectives on assisted dying laws.
This case highlights the complexities surrounding assisted dying legislation and the personal dilemmas faced by families in such tragic circumstances.
As the debate over assisted dying legislation continues in the UK, cases like this reveal the complexities in balancing legal frameworks with personal compassion and respect for individual wishes.
If you have questions about inheritance rights, forfeiture rules, or assisted death, feel free to contact Lauren Cotton, our Legal Director for Wills, Trusts, and lifetime Planning, at laurencotton@hansells.co.uk for expert guidance on these sensitive matters.
