John Critchley has co-written an article for New Law Journal on the evolving interrelationship between assisted suicide, public policy and estate administration. He and his co-author Alexa Payet of Michelmores LLP have acted in all the key cases in this area.
In particular, their article considers how the courts treat a deceased's assets in cases of assisted suicide.
Under the forfeiture rule a person is prevented from profiting from their own wrongdoing, so someone who unlawfully kills another is by virtue of that rule precluded from inheriting the deceased's estate.
John and Alexa's article examines:
- the effect of the Forfeiture Act 1982 on any application for relief from forfeiture
- the court's approach to the rule in 3 of the cases in which they have acted together: Ninian v Findlay[2019] EWHC 297 (Ch), Morris v Morris [2024] EWHC 2554 (Ch) and David Peace (unreported) [2025]
- what constitutes an act 'capable of encouraging or assisting’ the suicide under the Suicide Act 1961
- whether in such cases it is possible for the executor or administrator to simply get the agreement of the beneficiaries and then distribute the estate accordingly.
Read the New Law Journal article Suicide & the Administration of Estates [free subscription required]
