Ninian v Findlay & Ors

Ninian v Findlay & Ors

Mrs Ninian's actions, though amounting to assistance in her husband's suicide, were motivated solely by compassion, involved no encouragement, and were essential due to his incapacity. The degree of moral culpability was limited, the deceased's intentions were clear, and there was no opposition to her inheriting. The justice of the case required full relief from forfeiture, allowing her to inherit under the will and by survivorship.

Parties
Claimant: Sarah Marie Ninian; Defendant: Graham Alexander Findlay; Defendant: Alastair Ian Findlay; Defendant: Matthew David Miller
Jurisdiction
England and Wales
Judgment Date
21 February 2019
Procedural Posture
Part 8 Claim (application for Relief From Forfeiture) / Judgment After Hearing of Application for Relief
Outcome
Full relief from forfeiture granted to Mrs Ninian.
Legal Topics
Forfeiture Rule, Assisting Suicide, Relief From Forfeiture, Joint Property, Public Policy
Succession Law Criminal Law Equity Forfeiture Rule Assisting Suicide Relief From Forfeiture Joint Property Public Policy

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Parties

Sarah Marie Ninian

Claimant

Graham Alexander Findlay

Defendant

Alastair Ian Findlay

Defendant

Matthew David Miller

Defendant

Procedural Posture

Part 8 Claim (application for Relief From Forfeiture) / Judgment After Hearing of Application for Relief

Legal Issues

  1. 1 Does the forfeiture rule preclude Mrs Ninian from benefitting under her late husband's will and joint property due to her assistance in his suicide?
  2. 2 Should the court grant relief from forfeiture under section 2 of the Forfeiture Act 1982 in the circumstances of this case?

Ratio Decidendi

Mrs Ninian's actions, though amounting to assistance in her husband's suicide, were motivated solely by compassion, involved no encouragement, and were essential due to his incapacity. The degree of moral culpability was limited, the deceased's intentions were clear, and there was no opposition to her inheriting. The justice of the case required full relief from forfeiture, allowing her to inherit under the will and by survivorship.

Court Disposition

Full relief from forfeiture granted to Mrs Ninian.

Orders

  • Mrs Ninian is granted full relief from forfeiture under section 2 of the Forfeiture Act 1982.
  • Mr Ninian’s share of jointly owned property and her interest as beneficiary of the residue of his estate will pass to Mrs Ninian.