Nicola Waldman: Helping a terminally ill loved one or friend to die is a criminal act
Nicola Waldman is a partner and wills and probate specialist at law firm Hodge Jones & Allen.
Assisting a loved one in their request to die could affect the family inheritance.
A new assisted dying bill has begun its journey through the House of Lords, but a change to the law is still a long way off.
Until then, anyone who helps a family member end their life could automatically lose their right to any inheritance as a result, even if they avoid prosecution.
To provide peace of mind and protect their family’s finances, those considering ending their own life or helping a loved one do so should make plans to mitigate any unintended consequences.
According to campaign group Dignity in Dying, more than half of Britons personally… Consider traveling to Switzerland for an assisted death If they were terminally ill.
Assisted dying cases rarely result in criminal convictions, according to the Crown Prosecution Service 187 cases have been referred to it since 2009, with only four successfully prosecuted, but even those who avoid prosecution could, under English law, be barred from inheriting from their deceased relative.
The Confiscation Act 1982 is designed to prevent a criminal from profiting financially from the death of his victim and is an automatic act that comes into effect regardless of whether the police have investigated or laid charges.
If someone accompanies their partner or parent to Dignitas, even if they have tried to dissuade them and have not participated further in assisted dying, they still run the risk of not being able to inherit any money left, even if their loved one has expressed their wishes in their will.
However, courts may grant relief from the Confiscation Act if they are satisfied that the bereaved relative was not motivated by money in the assistance they provided.
If the Law is activated and confirmed, the assets will pass to the next person in line to inherit.
In the eyes of the law, if the beneficiary is found to have assisted the suicide, he or she will be treated as if he or she had predeceased the deceased and will therefore lose all rights to the property he or she was entitled to inherit.
Applying for exemption delays access to the inheritance, but is likely to be granted provided the request is not challenged by another party, such as a relative, and there is sufficient evidence as to the motivation.
Assisted suicide carries a maximum prison sentence of up to 14 years in the UK, but as seen in previous cases, careful preparation by the person wishing to end their life could help mitigate the unintended consequences for their loved ones.
Alex Ninian, a terminally ill patient, took his own life at the Swiss Dignitas clinic in November 2017. His wife reluctantly helped him, having made every effort to dissuade him. He took specialist legal advice before attending the clinic and she fully cooperated with the police on his return.
Their joint actions ultimately protected her from pending criminal charges she faced at home and from the loss of her £1.8m estate of which she was the sole beneficiary.
In July, a private initiative bill was introduced in the House of Lords to legalise assisted dying for mentally healthy people with six months or less to live.
Together with his lawyer, he compiled a witness statement explaining the reason for his decision to commit suicide and stating that his wife’s involvement in the process was essential, along with a psychiatric report confirming his mental capacity at the time of the decision.
This, together with Sarah’s cooperation with the police, helped the court make the decision to exclude the forfeiture rule so that she could inherit as her husband had intended.
While this case demonstrates steps that can be taken to protect loved ones, the fact remains that assisting a terminally ill loved one or friend is a criminal act and those considering doing so should take steps to mitigate the potential criminal and financial repercussions for those left behind.
Do you have any questions about the legal issues raised here, or about inheritance, probate or powers of attorney? Email us at experts@thisismoney.co.uk
