Man who 'assisted wife's suicide' can inherit part of her estate, judge rules

A husband who assisted his terminally ill wife in ending her life at a Swiss clinic has been granted the right to inherit part of her estate, according to a High Court ruling.

Myra Morris passed away on December 5 last year at the Pegasos clinic in Liestal after self-administering a lethal dose of drugs. However, due to his involvement in her suicide - which is still considered a criminal offence - her husband of nearly 50 years, Philip Morris, was initially prevented from inheriting any part of her estate as outlined in Mrs Morris' will.

The law stipulates that anyone who aids in a suicide must "forfeit" any inheritance, but it also permits judges to "modify" this "forfeiture rule" under certain circumstances. In a judgement delivered on Wednesday, Mr Justice Trower stated that this was a "clear and compelling case for such an order to be made", and he had "had no doubt" that he should alter the rule by "excluding its application in full".

He expressed hope that Mrs Morris' family can now focus on mourning her loss, now that the weight of these proceedings has been lifted. The judge noted that Mr Morris had experienced "very considerable distress" due to the situation and received support from the couple's children and other beneficiaries of Mrs Morris' will, in what he referred to as a "tragic case".

A London hearing on October 3 revealed that the couple, who met in 1974 and married in 1977, had a "long, happy and loving marriage". The judge described Mr Morris as a "successful businessman" and Mrs Morris as "a highly intelligent and decisive woman who devoted herself to their family".

At the time of her passing, Mrs Morris was battling multiple system atrophy, a "rare and degenerative neurological disorder with no known cure", and her quality of life "had deteriorated to the point where she had little enjoyment from life, was in constant pain and found it very difficult to cope". After expressing a desire to end her own life, Mr Justice Trower stated that "despite his very great reluctance, (Mr Morris) did acts capable of assisting Myra’s suicide with the requisite intention to do so".

Mr Morris voluntarily went to a police station the day after his wife’s death, but was informed in writing that there was "nothing to report". Those prosecuted for aiding suicide can face up to 14 years in prison, but the judge ruled that Mr Morris was "wholly motivated by compassion" and that "the public interest factors against prosecution are clearly made out in this case".

He added: "Myra had made a voluntary, clear, settled and informed decision to commit suicide prior to the time at which Philip started to take any steps capable of amounting to assistance. She maintained that decision throughout the period up to her death. In reaching that conclusion I find that Myra had full capacity throughout."

"I do not think that the nature of what he did indicates any enhanced level of legal culpability when set against all of the other circumstances. In particular, Philip had never encouraged Myra to take her own life and indeed had sought to dissuade her from doing so."

"The fact that, for reasons of compassion and because he loved and cared for her and realised how resolute she was, he did not try to talk her out of it at the end does not in my view detract in any way from the manner in which he reconciled himself to, and dealt with, what Myra wanted to do."