Page 17 - Best Of Local Mag August 2023 Edition

Could the Voluntary Assisted Dying Act affect my inheritance?

The Voluntary Assisted Dying Act 2021 criminal offence to dishonestly assist or
(Qld) (‘VAD Act’) provides strict criteria for coerce a person into accessing VAD or self-
accessing voluntary assisted dying (‘VAD’), administering a VAD substance.
and has raised complex legal, ethical, and This means that those assisting a person
moral questions regarding end-of-life seeking VAD in good faith will be protected
decisions. The new laws make a particular from liability arising from that person’s
distinction that VAD is not assisted suicide death, and becomes especially relevant
where the required procedures and where a person is assisting a spouse or
requirements have been followed, and the parent with health decisions and end-of-life
FAMILY person has made the decision freely and care relating to VAD. In the unlikely event
LAW voluntarily. But why is this distinction so that their assistance is provided with malice,
then in theory, that child or spouse could
important?
The rule of forfeiture provides that a person certainly be prohibited from inheriting
who unlawfully kills another cannot benefit under their parent or spouse’s estate.
from their victim’s death. Whilst this rule has Interestingly, the forfeiture rule does not
certainly been applied in cases of murder, require a criminal conviction for murder bad faith, the rule could apply to deaths
manslaughter and more recently in assisted or manslaughter, and the Court in their under the VAD Act in the absence of a ‘guilty’
suicide, the implications of the rule in cases ultimate discretion may judge that a person verdict.
of VAD are yet to be seen in Queensland. was responsible for another’s death on the Nonetheless, it is clear that the intention
Although suicide is not a crime in Australia, balance of probabilities. This means that if and independence of a person seeking VAD
WILLS aiding or inducing another person to end the Court could be satisfied that it is more is paramount, and so if you have concerns
RETIREMENT AND their life is a criminal offence. Similarly, likely than not (say, a 51% chance or greater) about a friend or family member, we
it is not a crime to access VAD, but it is a that they assisted or coerced that person in encourage you to seek legal advice.
VILLAGES ESTATES Madeline Crnkovic, Law Student and Paralegal at Zande Law Solicitors, Suite 9, Norwinn Centre, 15

Discovery Drive, North Lakes, is the author of this article, training in the area of Wills and Estates.

The information in this article is merely a guide and is not a full explanation of the law. This firm
cannot take responsibility for any action readers take based on this information. When making
decisions that could affect your legal rights, please contact us for professional advice.

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