How the Forfeiture Rule Can Affect Wills and Estate Planning Where Assisted Suicide Is Involved

A will is designed to ensure that a person’s assets pass in accordance with their wishes after they die. In most cases, that process is relatively straightforward. However, where a death involves assisted suicide, the legal position in England and Wales can become significantly more complex.

Assisting suicide remains a criminal offence in England and Wales. A lesser‑known but highly significant consequence is the operation of the forfeiture rule which may prevent a person involved in the death from inheriting from the person who died. This applies even where that person acted out of compassion and even when there is no criminal conviction.

What Is Assisted Suicide in the Eyes of the Law?

The current legal position

In England and Wales, suicide itself is no longer a criminal offence. However, assisting or encouraging another person’s suicide remains a criminal offence under section 2 of the Suicide Act 1961, carrying a maximum sentence of up to 14 years’ imprisonment.

“Assistance” can include a wide range of actions, such as helping someone make arrangements to travel abroad for an assisted death, accompanying them, or helping with administrative or practical steps.

In practice, the Crown Prosecution Service may decide that a prosecution is not in the public interest, for example where the assistance was motivated by compassion. However, the absence of a prosecution or conviction does not prevent the civil courts from examining what happened, and this is where the forfeiture rule becomes highly relevant.

Recent Developments and Proposed Changes

The law on assisted suicide has been the subject of intense public and political debate in recent years. In particular, the Terminally Ill Adults (End of Life) Bill, often referred to as the Assisted Dying Bill, proposed to legalise assisted dying for terminally ill adults in tightly defined circumstances.

Although the Bill passed stages in the House of Commons, it ran out of time in the House of Lords and did not become law in April 2026. As things stand, assisting suicide remains unlawful in England and Wales, and the forfeiture rule continues to apply in full. Future legislative reform remains possible, but for now the legal position is unchanged.

What is the Forfeiture Rule?

A long‑established legal principle

The forfeiture rule is a long‑established principle of law, now supported by the Forfeiture Act 1982. In simple terms, it provides that a person who has unlawfully killed another cannot benefit from that person’s death.

The rule does not only affect gifts under a will. It can also apply to:

Inheritance under the intestacy rules
Property held jointly and passing by survivorship
Life insurance proceeds
Pension death benefits
Other financial benefits that arise as a result of the death

If a person is found to have unlawfully assisted in another’s death, they may lose any entitlement they would otherwise have received.

Impact on Wills and Estate Planning

This issue commonly arises where the person who may have assisted in a suicide is also:

A beneficiary under the will
An executor or trustee
A joint owner of property with the deceased

Importantly, the forfeiture rule can apply even where there is no criminal prosecution. A civil court considers the evidence using the balance of probabilities, which is a lower standard than the criminal test of beyond reasonable doubt.

If the forfeiture rule is applied, an otherwise well‑structured estate plan can be fundamentally altered.

Can the Court Grant Relief from the Forfeiture Rule?

Yes. Under the Forfeiture Act 1982, the court has discretion to grant relief from the rule in appropriate cases.

This allows the court to decide that, despite the general rule, the person involved should still be permitted to inherit. In doing so, the court will consider the facts of the case including the nature of the conduct and the surrounding circumstances.

However, this relief is not automatic and is applied at the Court’s discretion. Therefore, there is no guarantee that an application will succeed.

Final thoughts

Assisted suicide is a deeply sensitive and personal issue, but it can have very real and far‑reaching consequences for wills and estate administration. In particular, the operation of the forfeiture rule means that a person who has assisted in a death may be prevented from inheriting, acting as executor, or receiving assets that would otherwise have passed to them automatically.

These issues can arise even where actions were taken out of compassion and even where no criminal prosecution follows. Understanding how the forfeiture rule operates, and how it may affect a will or estate, is therefore an important part of appreciating the wider legal impact that end‑of‑life decisions can have on an estate and on the people left behind.

Frequently Asked Questions

Is assisted suicide legal in England and Wales?

No. While suicide itself is no longer a criminal offence, assisting or encouraging another person’s suicide remains unlawful in England and Wales under the Suicide Act 1961.

Can someone inherit if they assisted in another person’s death?

Possibly, but they may be prevented from inheriting under the forfeiture rule if the court finds that they unlawfully assisted in the death.

Does the forfeiture rule apply without a criminal conviction?

Yes. The forfeiture rule can apply even where there is no criminal prosecution or conviction, as the civil courts apply a lower standard of proof.

Can the court remove the effect of the forfeiture rule?

Yes. Under the Forfeiture Act 1982, the court has discretion to grant relief from the rule in appropriate cases, allowing a person to inherit despite their involvement.

How could assisted dying law reform affect the forfeiture rule?

If assisted dying were to become lawful in defined circumstances, it could change how the forfeiture rule applies. However, as the law currently stands, assisting suicide remains unlawful and the forfeiture rule continues to apply.

Article by Melissa Howman.

This article does not constitute legal advice and we recommend you take professional advice before taking any action.

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