Jurisdiction(s):
United Kingdom

Adult beneficiaries can direct personal representatives to disregard forfeiture rule after assisted death, avoiding court application (Re Estate of David Peace, England and Wales)

Published on: 08 August 2025

Published by a LexisNexis Private Client expert

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Article summary

What was the background to this matter?

The case related to the estate of Mr David Peace, who passed away at Dignitas in December 2021. Mr Peace was diagnosed with terminal motor neurone disease and was a prominent campaigner for legal reform on assisted dying in the UK. Shortly before his death, he executed a Will by which he bequeathed his flat to his friend Tim, who had travelled with him to Dignitas. In those circumstances, Tim had assisted in Mr Peace’s death and may have committed an offence under section 2 of the Suicide Act 1961. In principle, this would have engaged the forfeiture rule (i.e. that no individual should be permitted to profit from their own wrongdoing, as provided in section 1 of the Forfeiture Act 1982) and would have debarred Tim from inheriting under Mr Peace’s Will. In this matter, the other potential beneficiaries of Tim’s share sought to give effect to Mr Peace’s testamentary wishes and requested that the executor distribute the flat to Tim pursuant to the Will. Although a request of that nature would ordinarily bind the executor, the parties nevertheless applied to the court for relief...

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