Alexander Learmonth KC Case Appearance
Alexander Learmonth KC appeared in a case concerning the estate of David Peace, who died at Dignitas in 2021. Although no judgment exists, in making the order sought the Court confirmed that where all potential beneficiaries who might be entitled if the forfeiture rule applied were adult and had capacity, they could make an agreement between themselves for the estate to be distributed according to the will, without regard to the forfeiture rule, and the executor could safely comply. Although the forfeiture rule is a creature of public policy, no reasons of public policy arose to make such agreements unenforceable.
