Ninian v Findlay and Others: ChD 21 Feb 2019

The claimant applied for relief from forfeiture of her rights in hr late husband’s estate. He had killed himself with the assistance of Dignitas in Switzerland and of the claimant.
Held: Relief was granted: ‘when considering an application for relief, the decision of the Crown Prosecution Service not to prosecute Mrs Ninian is a powerful factor in favour of the grant of relief. I am satisfied that the circumstances of this case provide a compelling case for the court to exercise its power to grant full relief such that Mr Ninian’s share of jointly owned property and her interest as the beneficiary of the residue of Mr Ninian’s estate, that would otherwise be forfeit, will pass to Mrs Ninian.’

Citations:

[2019] EWHC 297 (Ch)

Links:

Bailii

Statutes:

Forfeiture Act 1982

Jurisdiction:

England and Wales

Wills and Probate

Updated: 06 May 2022; Ref: scu.634399