Terminally Ill Adults (End of Life) Bill
Forfeiting the Forfeiture Rule?
The Forfeiture Rule is a law in English law that prevents someone from benefitting from any assets or estate in the event of an untimely death at their hands. While this can typically mean it protects murders from gaining assets from their victims, but it can also apply more broadly.
English laws prevent the assistance or encouragement of suicide and it remains a criminal offence. So, even a person who assists a loved one in ending their life abroad — in a country where assisted dying is legal — may still be considered to have acted unlawfully under UK law and therefore, the Forfeiture Rule would apply.
A case in point
In a recent case Re Peace, Grant v Murphy (2025, unreported), the High Court faced precisely this issue. The deceased had travelled abroad for an assisted death, attended by a beneficiary of their will who had helped arrange the journey. While no criminal charges were brought, questions arose as to whether the helper had “unlawfully killed” the deceased and therefore forfeited their right to inherit.
To avoid a contentious and uncertain court battle, the beneficiaries reached an agreement confirming that no one involved should be treated as having forfeited their inheritance. The court approved this arrangement, but the process was costly, stressful, and far from straightforward.
This case shows that even where all parties are cooperative, the forfeiture rule creates a cloud of uncertainty over estates involving assisted deaths. The lack of clarity places significant burdens on executors and private client lawyers, not to mention grieving families.
What could change under the Assisted Dying Bill?
It might seem straight forward that the Forfeiture Rule wouldn’t apply or would need to be amended to consider cases like Re Peace, Grant v Murphy should it be passed – but it just isn’t that simple.
Firstly, any new legislation would need to carefully define the scope of lawful assistance. Would only actions taken within the UK under medical supervision be protected? Or would aiding someone to travel to a jurisdiction like Switzerland still carry legal risks?
There may also be areas that the forfeiture rule could still apply. For example, if there were concerns about coercion, financial motives, or questions about the person’s mental capacity it could be deemed that the assistance given fell outside the strict parameters of the new law. Courts would still need to scrutinise the helper’s intentions and actions, even if the overall act of assisted dying became lawful.
More clarity needed
Ultimately, reforming this area would provide comfort to families, clarity to practitioners and dignity to those making end-of-life decisions – all while ensuring that the law continues to protect the vulnerable.
We’ll be monitoring the Assisted Dying Bill closely as it moves through Parliament. In the meantime, if you’re concerned about how these changes might affect you or a loved one, contact Downs Solicitors to find out how we can help.
Contact Katie Carter
