The Bill is slowly working its way through committee stage in the House of Lords.

A key driver for the Bill - which will allow ‘qualifying’ adults with fewer than six months to live to choose assisted dying – has been the uptick in the numbers of people in the UK travelling to Dignitas in Switzerland for an assisted suicide.

Assuming the Bill reaches the statute books, the legal framework governing assisted death and the application of the forfeiture rule will change significantly. Until then, practitioners must be clear about how the forfeiture rules may apply to the loved ones of clients considering ending their life; or following an assisted death.

The current position

Assisting in someone’s suicide or encouraging a person to commit suicide is a criminal offence under s2 Suicide Act 1961. According to the CPS, 10 cases were ongoing as at 31 March 2025 but most cases are either not prosecuted or are eventually withdrawn.

These cases are unavoidably complex for the authorities and for the lawyers involved.

Private client practitioners may be asked to advise the personal representatives in the estate of someone who has died following an assisted death where, for instance, the spouse or adult child were involved in some way. Or a client considering an assisted death abroad might seek legal advice on the implications for their loved ones before proceeding.

Under the Forfeiture Act 1982, a person who has unlawfully killed another is barred from benefitting from the death, regardless of their motive. The forfeiture rule applies to assisting in someone’s suicide in the same way that it applies to other forms of unlawful killing. The rule is based on the underlying principle that it will be inequitable to permit the perpetrator to benefit from their crime.

The forfeiture rule can, however, be waived on an application to the court. It can also be waived, without court approval, where all the beneficiaries formally agree that it can be disregarded.

In Morris v Morris, 2024 EWHC 2554, the deceased’s husband and two children travelled with her to a clinic in Switzerland. The children were with her when she died. The High Court found that the deceased had made a voluntary, clear, settled, informed decision to commit suicide before her husband took any steps that could be capable of assisting.

Further, the children’s presence did not constitute encouragement or assistance. The husband, who was the sole beneficiary of the will, was granted relief from forfeiture.

These cases will turn on their particular facts and will rarely be straightforward.

You can find out more about best practice in these difficult cases where assisted dying is an issue via our online webinar This webinar is also included in our online Wills and Probate webinar event package available here.