Under Section 3 of this website – “The Law “ – we have covered the 2019 case of Ninian vs Findlay & others. The case concerned the application of the “Forfeiture Rule” under which no one who has assisted the death of another person can inherit anything from their estate. The Court had ruled that, in the very particular circumstances of the Ninian case, the Rule could be set aside and that Sarah Ninian would indeed be able to inherit under the terms of her husband’s Will.
A further case was brought this week (mid October 2024) and Mr Justice Trower again ruled in the High Court that the provisions of the Forfeiture Act 1982 should not apply. The case was brought by Philip Morris. Aged 76 he had taken his wife (73) to Pegasos in Switzerland in December last year where she had given herself a fatal dose of Nembutal. At the time of their journey he had been unaware of the potential operation of the Act. He was therefore alarmed to find upon his return that he might be excluded from her Will and he sought legal guidance from the Court.
Myra Morris had been suffering from multiple system atrophy and was in constant pain. The journey to Pegasos had been her idea. She had given her lawyers a statement explaining her intent. Her husband had been opposed to the idea but, in the words of the judge he had “loved and respected his wife too much to disregard her wishes”. Significantly, the couple’s two children and other beneficiaries of her estate had all supported Philip Morris’s application.
In view of all these facts, the judge gave his ruling in her favour.
As discussed elsewhere in Section 3 of this website, in different circumstances, the ruling could have been very different, too. From the date of her death in December 2023 to the ruling this week, the delay has been almost ten months, It will have been very expensive in legal costs. Although this decision is clearly welcome, it should also act as a cautionary tale for the hundreds of families in a similar situation.
