Beneficiary Forfeiting Inheritance For Role In Assisted Dying – Morris V Moris (2024)

Whilst suicide is no longer a crime, the assistance of another’s suicide can give rise to criminal (and other) sanctions.

Under section 2 of the Suicide Act 1961:

(1) A person (“D”) commits an offence if –

(a) D does an act capable of encouraging or assisting the suicide or attempted suicide of another person, and
(b) D’s act was intended to encourage or assist suicide or an attempt at suicide.

In addition, under the Forfeiture Act 1982, the forfeiture rule under section 1 precludes a person in certain circumstances who has unlawfully killed another from acquiring a benefit in the consequence of the killing

Facts

Myra Morris made a will on 9 December 2022, leaving most of her residual estate for her husband, Philip, and on his death to their adult children James and Kate in equal shares.

Myra had been diagnosed with a rare and generative neurological disorder with no known cure. She was suffering for two years before she died on 5 December 2023.

She ended her own life through assisted dying at a clinic in Switzerland.

Philip and the children had accompanied Mayra to the clinic.

The Proceedings

Mr Morris made an application under the Forfeiture Act 1982, section 2, which provides that a court has discretion to modify the effect of the forfeiture rule in circumstances where the justice of the case requires the effect of the rule to be so modified in that case

This case was heard by Mr Justice Trower on 3 October with judgment being handed down on 9 October 2024.

It was confirmed in the previous case of Dunbar v Plant (1998) that the forfeiture rule applied to offences under the Suicide Act 1961.

If Mr Morris forfeited his inheritance then the children would have taken their mother’s residual estate instead. However they were fully supportive of their father’s application and provided witness statements for him.

There was evidence that Myra had capacity (as assessed under the Mental Health Act 2005) to make an informed and voluntary decision to end her own life.

The children were later added as Defendants, given that they had also accompanied their mother to Switzerland and were due to inherit under her will in default of their father.

The judge made the following finding:

However, it seems to me that the combination of Myra’s determination to proceed and Philip’s reluctant willingness to assist (but only because she was so determined) are clear indicators that the assistance he gave cannot be characterised as encouragement and I so find.

Myra had made a voluntary, clear, settled and informed decision to commit suicide prior to the time at which Philip started to take any steps capable of amounting to assistance. She maintained that decision throughout the period up to her death.

Mr Morris was wholly motivated by compassion, and this was a case of reluctant assistance in the face of that determination.

He allowed Mr Morris’ application.

Final Words

This case provides useful guidance that merely accompanying a loved one does not automatically amount to assisted suicide

The Assisted Dying for Terminally Ill Adults Bill is under consideration (by the House of Lords, having been approved by the House of Commons) but when it becomes law then cases like those of Mr Morris could be few and far between, although there will be complex legal, ethical and medical implications that will need to be ironed out before implementation.

Nicola Waldman in her recent article also discussed the issue of assisted dying.

At Hodge Jones & Allen, we understand the sensitive and evolving legal landscape around assisted dying and inheritance disputes. The High Court’s judgment in Morris v Morris (2024) provides important reassurance for families navigating end-of-life decisions with compassion and care.

Our experienced Dispute Resolution team is here to guide you through complex cases involving the Forfeiture Act, contested wills, and capacity issues with empathy and expertise.

If you’re facing similar circumstances or need legal advice about an inheritance matter, contact us today on 0330 822 3451 for a confidential conversation.