The Forfeiture Act 1982 precludes a person who has assisted another to die from acquiring any beneficial interest in property under the deceased’s will, unless modified by court order.
In Morris v Morris and others [2024] EWHC 2554 (Ch); [2024] PLSCS 179, the High Court has considered this provision.
Myra and Philip Morris were married in August 1977 and had a long and happy marriage. In 2021, Myra was diagnosed with multiple system atrophy, cerebella type, a rare neurological disorder which affected her movement, balance and autonomic functions. Her cognitive faculties were unimpaired.
As her condition deteriorated, Myra told Philip on numerous occasions that she wanted to die and, later, that she wanted to go to Switzerland to do so, but that she did not want him to go to prison. She later discussed the same issues with a friend.
Despite Philip’s efforts to improve Myra’s living conditions, she became more determined to go to Switzerland. At that point, the court was satisfied that Philip sacrificed his own happiness and put himself at risk of prosecution to honour her wishes. Evidence from Philip and others, including Myra herself, in a witness statement made prior to her death, described the deterioration in her condition.
Philip assisted Myra in making the necessary preparations and in early December 2023 they travelled to Switzerland, with their children, where Myra committed suicide, assisted by staff at the clinic.
Myra’s will, executed in December 2021, left her residuary estate on trust for Philip for life and then to their children in equal shares absolutely. Philip first became aware of the forfeiture rule in February 2024 and issued proceedings for modification, which the family supported.
Section 2(1) of the Suicide Act 1961 provides that an offence is committed by anyone who encourages or assists the suicide or attempted suicide of another, intending to do so. The forfeiture rule applies to such an offence: see Dunbar v Plant [1998] Ch 412. The court was satisfied that Philip had assisted Myra but not encouraged her.
The public interest factors against prosecution were clearly made out in the case: Myra had reached a voluntary, clear, settled and informed decision to commit suicide; Philip had been wholly motivated by compassion; his reluctant assistance in the face of her determination did not indicate any enhanced level of legal culpability; he had sought to dissuade her from taking her own life; and he had reported her death to the police and been told that there was nothing to report.
Consequently, strong grounds existed for relieving Philip from all effects of the forfeiture rule.
Louise Clark is a property law consultant and mediator
