The House of Lords is set to debate changing the law on assisted dying. A private members’ bill proposed by Lord Falconer will be introduced to the House of Lords next Friday and would grant people with six months to live or less, the right to die.
Sir Keir Starmer has promised MPs a free vote on the issue when it reaches the House of Commons. He has also previously voted in favour of legalising assisted dying for terminally ill people as a backbencher in 2015.
Alexa Payet, partner at national law firm Michelmores, urges the financial consequences of assisted dying to form part of the debate. Alexa is an expert in applications under the Forfeiture Act in cases of assisted dying, and acted on the first reported case of its kind (Ninian). She commented:
“The criminal offence of assisted suicide stirs up strong opinions. But what is often overlooked in the debate is the potential financial consequences for families. Currently families of loved ones who die by assisted suicide risk losing everything.
Anyone who assists or encourages another to commit suicide forfeits their interest in the deceased’s estate and any jointly owned assets, including property. Travelling with a loved one to an assisted dying clinic overseas, or even just helping them to book their travel could be enough to trigger the Forfeiture Rule.
As the law stands, there is no alternative to the process of applying for relief from forfeiture. There is currently widespread and fundamental misunderstanding about these issues. If they are not dealt with contemporaneously, the effect on the assister’s interests and assets (including tax consequences) may impact on the administration of the assister’s estate decades later.”
