Assisting a suicide : potential succession law consequences

Cockburn, Tina & Hamilton, Barbara (2013) Assisting a suicide : potential succession law consequences. The Queensland Lawyer, 33, pp. 67-74.

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Abstract

The recent criminal law decisions where people have been convicted of aiding suicide raise important legal and ethical issues in relation to whether euthanasia should be legalised. These cases also raise issues of great significance for succession lawyers. Where, as in cases such as Nielsen and Justins, the person convicted of aiding a suicide is a principal beneficiary under the will of the deceased, various legal consequences, such as: forfeiture of the interest under the will; liability for breach of fiduciary obligation; and/or a finding of undue influence, may follow which may result in loss of such benefit.

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ID Code: 58125
Item Type: Journal Article
Refereed: Yes
Keywords: assisted suicide, forfeiture rule, breach of fiduciary duty
ISSN: 0312-1658
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Australian Centre for Health Law Research
Current > Schools > School of Law
Copyright Owner: Copyright 2013 Thomson Reuters
Deposited On: 13 Mar 2013 03:57
Last Modified: 03 Dec 2013 05:45

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