Inheritance and Conflict of Interest - really sensitive.

[DreamingOfAGreenChristmas]

I am close to, and providing practical support to an elderly uncle. His only remaining relatives are me and my sister, and my 2 cousins.

I have not seen his will, but he has intimated that my sister and I will inherit the bigger part of his estate (such as it will be) because of a previous family inheritance that went to our cousins. I am one of the executors, along with his lawyer.

He is 94 and of sound mind, but getting frailer. And has a serious chronic condition that is managed at present.

He has quite seriously been investigating Dignitas and says that if he develops a terminal / incurable condition, he would like to make his exit that way. I have not actually looked at the criteria etc. He has not discussed this with anyone else, including his lawyer.

He has asked whether I would accompany him.

Daunting as that is, if he wanted me to do this for him, I would. I believe that it would be his choice to make, and for me to deal with my emotional reactions.

However - would this be seen as a conflict of interest (or something) as I am a potential beneficiary of his will? I am not bothered about his money but I think he would not like to compromise the wishes in his will.

Hopefully none of this will transpire. If there is a possibility of issues with the will, and he gets closer to taking this potential option, I could gently suggest he talks it over with his solicitor. But I don't want to raise issues where none exist.

I am asking this in terms of legality. Not ethics, emotional or family grounds. Thank you.

Would the police give you this information? They would be the ones to prosecute (well the CPS) but someone senior should have a good idea. If there were no charges brought (assisting a suicide) then it couldn't affect any inheritance. As it would be in Switzerland it may be different, but it's a tricky question, and you wouldn't be taking any active part in the suicide so I don't think it would apply to you.

He really should talk to his solicitor. I am sorry, it sounds like a really difficult situation.

The CPS guidelines on assisted suicide can be found at www.cps.gov.uk/legal-guidance/suicide-policy-prosecutors-respect-cases-encouraging-or-assisting-suicide. As you can see, it is unlikely you would face a criminal prosecution.

There is a rule that you may not inherit from someone if you have killed them, or assisted or encouraged their death. Whilst cases to date suggest that you will not forfeit your inheritance unless you are prosecuted, it is possible your cousins may decide to challenge on this basis.

At his great age and frail state of health, a simple Advance Medical Directive refusing treatment, could have the same effect , at no cost, in the comfort of his own home (or local hospital). He can arrange that very quickly (forms online) and lodge a copy with his current doctors.

Thank you all so much.

I must admit I had not actually thought of the possibility of prosecution. Thank you prh47bridge for your link and view.

I don’t think my cousins would launch a challenge, I think they would respect his wishes wrt will and end of life choices. I was concerned that the solicitor (also a family friend) might say I had acted with conflict of interest.

2bazookas, thank you. He has signed a DNR form, is that the same thing? His branch of the family are known to go on to 94, 98, a hardy bunch. But I suspect in reality, any decline would make a journey to Switzerland an unlikely prospect. It has been looming in my mind since he asked me but thinking it through, it is a very small chance.

Nevertheless, if he raises it again I think I will be honest and say he needs to talk with his solicitor before I could commit.

God, the last thing I would wish to do is cause any harm or discomfort to him. Which is why I would also want to not leave him alone on a difficult path.

Thanks all.

Signing a DNR is one part but have you talked to your Uncle about a Health and Welfare POA and/or a living will. These can set out what medical interventions your Uncle would and would not want.

Thank you PrincessGlittery.

My sister and I have POA, but there is no detail about specific wishes or interventions.

@DreamingOfAGreenChristmas I would then consider a living will

www.ageuk.org.uk/information-advice/money-legal/legal-issues/advance-decisions/

Thank you, PrincessGlittery, this is all really helpful. And should things get to a certain point might reassure him enough to replace the dignitas idea / plan.

Can anyone tell me whether there is officially an “ethics” problem with a Family (Divorce etc) Lawyer having an affair with a married man (colleague). Particularly if said Lawyer is currently acting (in divorce) for the brother of the married man’s wife, recommended by the married man.
Hope that makes sense. Probably doesn’t.
As my name says, call me a mug. Devastated.

@MustBeAMug I struggle to see any conflict of interest there. If I understand you correctly, the lawyer is having an affair with the brother-in-law of a client. That doesn't create a relationship with the client's spouse or give them any motivation to act other than in the client's best interests.

I'm also not seeing a conflict. Could you explain what you think the issue is? Perhaps I am missing something.