MPs will have an opportunity to vote on the issue of assisted dying for the first time in almost a decade. This is a highly emotive subject, but it is important that the debate considers all of the issues, including the financial implications for families. 

Alexa Payet - Michelmores

Alexa Payet

High profile campaigners for assisted dying such as Dame Esther Ranzen have welcomed Kim Leadbeater MP’s Assisted Dying Bill, which will be tabled in the House of Commons on 16 October. Cabinet collective responsibility will be waived to allow ministers to vote as they wish. This will be the first time the issue has been debated in the House of Commons since 2015, when an assisted dying bill was defeated.

In addition, former Labour justice secretary Lord Falconer has introduced the Assisted Dying for Terminally Ill Adults Bill in the House of Lords, which is expected to be debated in mid-November. He has expressed his desire for both houses to work together to introduce assisted dying legislation. Similar bills are also being debated in Scotland and the Isle of Man.

Discourse around assisted dying is often restricted to the ethical and moral issues, with little discussion of the financial aspects. However, the financial implications of assisted dying are complex. I have acted in the only reported cases of relief from forfeiture involving an assisted death (Ninian [2019] and Morris [2024]), and I continue to act for many other families in similar cases.

At the moment the loved ones of someone who chooses to obtain an assisted death risk losing everything. The forfeiture rule means that they may not be able to inherit anything from their loved one’s estate, including shares in jointly owned 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. Although it is possible to apply for relief from forfeiture, there is a lot of misunderstanding of this complex process even amongst experienced legal practitioners.

Even if assisted dying legislation was passed into law, it is likely that many families will still be caught out by the forfeiture rule, as the scope of the legislation is expected to be narrow. There have been suggestions that legal assisted dying should be limited to people with six months or less to live. This would exclude a large number of people, such as those with incurable and debilitating conditions, and their families could still be left in a very vulnerable position if they assist.

As parliament prepares to revisit the issue of assisted dying, it is crucial that the debate considers not just the ethical and emotional dimensions, but also the legal and financial consequences for families. As the debate unfolds, it is essential that we consider how to create a fair and compassionate framework that protects both individuals and their families.

 

Alexa Payet is a partner at Michelmores LLP 

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