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28 February 2025 / Professor Sukhninder Panesar
Issue: 8106 / Categories: Features , Wills & Probate , Health
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Does compassion defeat inheritance rights?

209434
The application of the forfeiture rule in assisted dying cases: Sukhninder Panesar examines a delicate balancing act for the courts
  • The Forfeiture Act 1982 confers upon the court a discretion to grant relief against the forfeiture of inheritance rights.
  • The forfeiture rule has become a source of much debate in the context of assisted dying cases.
  • The development of the case law shows that the courts will not take such decisions lightly, and a very high threshold of evidence is required in such cases.

The principle of law is that no person may benefit from killing another person. The matter is neatly illustrated in the decision of Sir Samuel Evans P in Re Crippen’s Estate [1911] P 108. Sir Samuel Evans P explained that it ‘is clear that the law is, that no person can obtain, or enforce, any rights resulting to him from his own crime; neither can his representative, claiming under him, obtain or enforce any such rights. The human mind revolts at the

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MOVERS & SHAKERS

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

DWF—11 appointments

DWF—11 appointments

DWF strengthens North West teams with 11 newly qualified solicitors

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Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
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