Assisted dying and forfeiture

We advise individuals, families and executors on the legal implications of assisted dying, including how to protect entitlement to an estate and, where appropriate, pursue applications for relief from forfeiture.

Protecting your position and preserving your inheritance

Assisting a loved one to end their life can have significant and often unexpected legal and financial consequences. In particular, the forfeiture rule may prevent an individual from inheriting from the deceased’s estate, even where no criminal proceedings are brought.

We provide clear, sensitive and strategic advice in what are often complex and highly personal circumstances, supporting you at every stage – from early guidance through to complex court applications.

How we help:

  • Understanding risk and exposure – Advising on the legal implications of assisted dying under the Suicide Act 1961, explaining how the forfeiture rule may affect inheritance and jointly owned assets, and identifying financial risks at an early stage so informed decisions can be made.
  • Protecting your entitlement – Assessing your position in relation to the estate, advising executors and beneficiaries on the administration of estates affected by the forfeiture rule, and supporting families to manage disputes or uncertainty sensitively and pragmatically.
  • Relief from forfeiture applications – Advising on whether an application is likely to succeed, preparing robust evidence-led applications to the court, and presenting your case clearly and persuasively to maximise the prospects of relief being granted.
  • Strategic and early-stage advice – Providing discreet guidance before any steps are taken, helping to mitigate potential legal and financial consequences where possible, and coordinating with other advisers where required.

Our experience and specialist expertise

We offer genuinely specialist expertise in this highly complex and developing area of law.

This work is led by Alexa Payet, who is widely recognised as a leading authority on assisted dying and applications for relief from forfeiture. Alexa has been closely involved in each of the key cases that have shaped the modern approach taken by the court, giving her a unique perspective on how these claims are assessed in practice.

Alexa leads a specialist Stevens & Bolton team supporting clients across these sensitive matters, bringing together deep technical expertise and a collaborative, client-focused approach.

Her experience includes work on:

  • Ninian v Findlay [2019] EWHC 297 (Ch) – the first reported case involving assisted dying at a Swiss clinic
  • Morris v Morris & Others [2024] EWHC 2554 (Ch) – a significant decision clarifying the court’s approach to these applications
  • Re David Peace (2025) – a more recent matter continuing to shape this evolving area of law

Drawing on Alexa’s experience, we provide clear, strategic advice that reflects both the legal framework and the practical considerations that can influence the outcome of an application.

Alexa is also widely recognised for her thought leadership in this space, with her commentary regularly featured in leading legal publications. Her work has helped shape the broader understanding of the legal, financial and ethical issues arising in assisted dying cases.

Frequently asked questions

What is the forfeiture rule?

The forfeiture rule prevents someone who has assisted a suicide from benefiting from the deceased’s estate or retaining jointly owned assets.

Does it apply even if there is no prosecution?

Yes. The rule can apply regardless of whether the CPS brings charges or there is a criminal conviction.

What is relief from forfeiture?

Relief from forfeiture is a court-based process that allows the rule to be modified or disapplied where it would be just to do so.

Is relief always granted?

No. The court considers each case on its own facts, and success depends on the strength of the evidence and how the application is presented.

What actions can amount to “assistance”?

This may include travelling with a loved one, helping make arrangements, or providing practical support in connection with an assisted death.

What are the financial risks?

Potential consequences include loss of inheritance, severance of jointly owned assets and wider financial implications for the estate.

How long does an application take?

Timeframes vary depending on the circumstances, but early advice is important to protect your position.

Do I need specialist legal advice?

Given the complexity and rarity of these cases, specialist advice is strongly recommended to achieve the best possible outcome