As private client advisers, we are increasingly asked to support families navigating complex and sensitive end-of-life decisions.
What is less well understood is that these situations can give rise to significant legal and financial consequences, often for those closest to the individual, and regardless of whether any criminal proceedings follow.
One area where this is particularly acute is the forfeiture rule and its potential application in cases involving assisted dying.
In practice, these issues are rarely straightforward. From a contentious trusts and estates perspective, it is not simply a question of whether the rule applies, but how it plays out in the context of real families, real decisions and often very difficult circumstances.
In particular, advisers are increasingly having to navigate:
- Where the line is drawn in practice, particularly given how broadly “assistance” can be interpreted
- How assets will pass, whether under a will, intestacy or by survivorship, and how this may be disrupted
- Whether relief may be required, and how the court approaches those applications
- The position of executors and beneficiaries, including when it may be necessary to pause and seek court approval before distribution
These issues do not arise in isolation. They can place executors and family members in difficult positions, requiring careful, pragmatic judgement and an understanding of both the legal framework and the factual context.
They also highlight the importance of early, joined-up advice – whether in structuring arrangements during lifetime or supporting those dealing with the estate afterwards.
I will be exploring some of these themes further at the Association of Lifetime Lawyers National Conference, as part of this year’s case study on the complexities facing modern families.
If you’re attending, I’d be delighted to connect.
