Morris v Morris & Ors [2024] EWHC 2554 (Ch) (09 October 2024)

Morris v Morris & Ors [2024] EWHC 2554 (Ch) (09 October 2024)

Relief from the forfeiture rule was granted because the claimant's conduct was wholly motivated by compassion, the deceased made a voluntary and informed decision, all public interest factors against prosecution were satisfied, and there was no moral culpability beyond the bare commission of the offence. The justice of the case required modification of the rule to allow the claimant to inherit under the will.

Citation
[2024] EWHC 2554 (Ch)
Parties
Claimant: Philip Dennis Morris; First Defendant: James Jonathan Morris; Second Defendant: Kate Annabelle Shmuel; Third Defendant: Gregory Ben White
Jurisdiction
England and Wales
Judgment Date
09 October 2024
Procedural Posture
Part 8 Claim (chancery Division) / Final Judgment After Hearing on Application for Relief Under Forfeiture Act 1982
Outcome
Relief granted; forfeiture rule modified to permit claimant to inherit under will.
Legal Topics
Forfeiture Rule, Assisted Suicide, Modification of Forfeiture, Estate Administration, Wills
Probate Trusts Property Law Forfeiture Rule Assisted Suicide Modification of Forfeiture Estate Administration Wills

Case Brief

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Parties

Philip Dennis Morris

Claimant

James Jonathan Morris

First Defendant

Kate Annabelle Shmuel

Second Defendant

Gregory Ben White

Third Defendant

Procedural Posture

Part 8 Claim (chancery Division) / Final Judgment After Hearing on Application for Relief Under Forfeiture Act 1982

Legal Issues

  1. 1 Whether the forfeiture rule should be modified to allow the claimant to inherit under the will despite assisting suicide
  2. 2 Whether the acts of other family members constituted assistance or encouragement under the Suicide Act 1961
  3. 3 Whether all necessary parties were joined to the proceedings

Ratio Decidendi

Relief from the forfeiture rule was granted because the claimant's conduct was wholly motivated by compassion, the deceased made a voluntary and informed decision, all public interest factors against prosecution were satisfied, and there was no moral culpability beyond the bare commission of the offence. The justice of the case required modification of the rule to allow the claimant to inherit under the will.

Court Disposition

Relief granted; forfeiture rule modified to permit claimant to inherit under will.

Orders

  • Forfeiture rule disapplied in full as regards the claimant's interest in the estate of the deceased.
  • Representation order made appointing Gregory Ben White to represent the class of remote beneficiaries.