A man who helped his terminally ill wife travel to Switzerland to take her own life is entitled to inherit part of her estate, a judge has ruled.
Philip Morris, 76, left his wife Myra Morris, then 73, at the Pegasos clinic in Liestal, Switzerland, in December 2023, after she self-administered a fatal dose of pentobarbital, in a “very unwilling” manner. While I was there, I helped.
The Forfeiture Act 1982 prevents a person who unlawfully kills another person from obtaining benefits as a result of that killing. However, after a challenge by Philip Morris, Judge Trower ruled in the High Court that the forfeiture rule should not apply to the pending case.
At the time of her death, Myra Morris suffered from multiple system atrophy, a rare degenerative neurological disease with no known cure, and was in constant pain. In November, before traveling to Switzerland, she gave a statement to her lawyers saying she wanted an assisted death and that no one should get into trouble as a result. The husband said he thought his wife's wish to end her life was “too bad” but persisted until he realized he could not ignore her wishes.
in his written judgment “Philip sacrificed his own happiness and risked prosecution to honor his wife's heartfelt wishes,” Trower said last week. It's clear to me that it's not because he wants her to die, but rather because he loves and respects his wife too much to ignore her wishes. ”
Under current law in England and Wales, aiding and abetting someone to end their life is a criminal offense under assisted dying legislation, which may change in a future parliamentary vote, and prosecution is rare. However, the maximum penalty is 14 years in prison.
The day after returning from Switzerland, Mr Morris reported his wife's assisted death and his involvement to police at Colindale station in northwest London. He was told in writing that there was nothing to report.
But Mr Morris was said to have received no advice about the confiscation rules and was caused “extreme distress” when he learned of them.
However, under section 2 of the Forfeiture Act, a court can change the effect of a rule “if the judge in the case requests that the effect of the rule be changed in that case.”
Describing it as a “tragic case”, Trower said: “At the end of the hearing there was no question that this was a case that needed to be changed, including removing the forfeiture rules altogether.” said.
Mr Morris, supported by his late wife's two adult children, who challenged the application of the forfeiture rule, said in his witness statement: Others made Myra's life unbearable.
“While I desperately wanted Myra to change her mind, she was determined to have dignity until the end, which is why she chose to end her life. She faced a future she didn't want.
invoice The legalization of assisted dying for people with less than six months to live in England and Wales is expected to be announced on Wednesday.
