Can you inherit if you help someone die? Not automatically. Under UK law, assisting someone’s suicide carries up to 14 years imprisonment. Yet recent court cases show judges can grant “relief from forfeiture,” allowing inheritance in compassionate circumstances where you acted solely to end suffering, not for financial gain.
For example, when Philip Morris helped his wife Myra access assisted dying abroad late 2023, he faced a difficult reality: despite being her husband and sole beneficiary of her £1.8 million estate, UK law could bar him from inheriting anything.
The forfeiture rule automatically disqualifies anyone who unlawfully kills or assists in killing someone from inheriting their estate. The principle exists to prevent perverse incentives where financially motivated individuals might hasten a terminally ill person’s death to access their inheritance sooner.
Yet Philip Morris did inherit. How? Because UK courts now recognize that applying forfeiture rigidly to compassionate end-of-life situations creates injustice. This recognition has transformed how these cases are handled.
How the Forfeiture Rule Applies to Assisted Dying
The forfeiture rule triggers whenever someone assists a death, regardless of criminal prosecution. A person could face no criminal charges yet still lose their inheritance. This happens because forfeiture operates as civil law, separate from criminal prosecution.
Under the Suicide Act 1961, assisting someone’s suicide remains illegal. But what counts as “assisting”? The law covers practical actions like arranging travel to Swiss assisted dying clinics, booking appointments, procuring medication, or providing financial support specifically for the death.
Even encouraging someone toward death can qualify.
The critical distinction sits between passive knowledge and active help. Simply knowing a person plans to end their life isn’t assisting. Booking their flight to Switzerland is.
This creates a difficult position for families. When someone you love is terminally ill and determined to control their death, refusing to help might mean they suffer more or attempt an unsuccessful, traumatic method. Yet helping puts your inheritance at risk.
What Constitutes “Assisting” in UK Law
Under the Suicide Act 1961, assisting someone’s suicide is illegal. But what exactly counts as assisting? The law covers:
- Arranging travel to an assisted dying clinic
- Accompanying the person on the trip
- Procuring medication or substances
- Making travel arrangements or booking appointments
- Providing financial support specifically for the purpose
- Offering encouragement or persuasion toward death
- Any material help that facilitates the death
The critical distinction is between passive knowledge and active assistance. Simply knowing someone plans to end their life, or even disagreeing with them, is not assisting. Taking action to help them die is.
What Courts Actually Consider
When you apply for relief from forfeiture, judges weigh several factors. Your motivation matters most. Were you genuinely trying to end suffering, or were you motivated by accessing the inheritance? Courts scrutinize whether you initially resisted helping or reluctantly agreed.
Documentation carries significant weight. Did your loved one leave written wishes explaining why they wanted help? Do other beneficiaries support your relief application? These elements help demonstrate the deceased’s determination and your compassionate response rather than financial opportunism.
The Crown Prosecution Service’s decision creates substantial influence. If the CPS declines to prosecute, courts view this favorably.
The logic follows: if the state decides criminal punishment isn’t warranted, why impose civil punishment through forfeiture?
Proportionality also matters. Would losing the entire inheritance be disproportionately harsh given your circumstances?
If you’re a spouse who provided years of care before reluctantly helping with a final wish, forfeiture might seem excessively punitive.
Key Case Law: Sarah Ninian
The Forfeiture Act 1982 gave judges discretion to grant “relief from forfeiture” when justice requires it. This isn’t automatic. You must apply to the court, which then assesses your specific circumstances.
Sarah Ninian’s case in 2016 established the precedent. Her husband Alex was terminally ill and determined to travel to Switzerland for assisted dying.
Sarah initially opposed his decision and needed persuasion before agreeing to help arrange the trip. After Alex’s death, the Crown Prosecution Service decided not to prosecute her. The court allowed Sarah to inherit.
Two factors proved decisive: her initial opposition (demonstrating she wasn’t encouraging his death) and the CPS’s decision not to prosecute (indicating punishment wasn’t in the public interest).
This case showed relief from forfeiture was possible. The Morris case in 2024 went further, suggesting courts are becoming increasingly lenient when compassion clearly motivated the assistance.
When You Need Specialist Legal Advice
These issues combine legal complexity with deeply personal circumstances. Seek specialist legal advice if you’re terminally ill and considering end-of-life planning, if you’re a family member potentially involved in arrangements, or if you’re planning your estate with these considerations in mind.
Contact specialists in both criminal and civil law. If the Crown Prosecution Service contacts you regarding assisted dying, respond only through qualified legal representation.
The Ninian and Morris cases demonstrate that courts increasingly view compassionate assistance sympathetically. Yet each case depends on specific circumstances. Early legal consultation provides the best protection for your interests and your loved ones’ inheritance rights.
Frequently Asked Questions
Q: Is assisted suicide illegal in the UK?
A: Yes, assisting or encouraging someone’s suicide is illegal under the Suicide Act 1961, punishable by up to 14 years imprisonment. Suicide itself is not a crime.
Q: What is the forfeiture rule?
A: The forfeiture rule prevents anyone who unlawfully kills or assists in a person’s death from inheriting from that person’s estate.
Q: Can courts override the forfeiture rule?
A: Yes. Courts have discretion to grant “relief from forfeiture” when it’s in the interests of justice, particularly in compassionate assisted dying cases.
Q: What makes someone eligible for relief from forfeiture?
A: Courts consider motivation (compassion vs. financial gain), initial opposition to the decision, documentation of the deceased’s wishes, support from other beneficiaries, and CPS decisions.
Q: What’s the difference between criminal prosecution and forfeiture?
A: Criminal prosecution (handled by the CPS) can result in prison time. Forfeiture is civil. It bars inheritance independently. However, CPS decisions not to prosecute strongly influence forfeiture relief decisions.
Q: Should I travel with my terminally ill parent for assisted dying?
A: This requires careful legal consideration and specialist advice. The legal risks are real, though recent cases show courts understand compassionate motivation.