House of Lords to debate assisted dying law with financial consequences in focus

This bill aims to grant individuals diagnosed with six months or less to live the right to end their life legally.

Labour leader Sir Keir Starmer has committed to allowing MPs a free vote on the matter when it is presented to the House of Commons. Starmer has previously supported the legalisation of assisted dying for terminally ill individuals, reflecting his stance on the issue from his time as a backbencher in 2015.

In light of the upcoming debate, Alexa Payet, a partner at national law firm Michelmores, emphasises the importance of considering the financial repercussions of assisted dying. Payet, an expert in Forfeiture Act applications related to assisted dying cases, notably contributed to the landmark Ninian case, the first reported case of its kind.

Alexa Payet indicated that the financial impact on families is often overlooked in the broader debate. She explains: “The criminal offence of assisted suicide evokes strong emotions, but the potential financial consequences for families are frequently ignored. Currently, families who experience a loved one’s death through assisted suicide may risk losing their inheritance.

“Anyone who assists or encourages another to commit suicide forfeits their claim to the deceased's estate and any jointly owned assets, including property. Even actions as seemingly benign as helping to book travel for an assisted dying clinic abroad could trigger the Forfeiture Rule.

“The existing legal framework provides no alternative to applying for relief from forfeiture. There is a fundamental misunderstanding about these issues, and if not addressed, the financial impact on the assister’s estate, including potential tax consequences, may affect estate administration long after the event.”

This debate will not only examine the ethical and legal dimensions of assisted dying but also its broader financial implications, potentially reshaping how such cases are handled in the future.