Assisting Suicide & Inheriting: One Should Not Lead to The Other
Sep 25
Source: Boston.com (Read Article)
MADISON, Wis.—The wife and daughter of a man who committed suicide can inherit his estate even if they assisted him in the act, a state appeals court ruled Thursday.
State law prohibits anyone who “intentionally kills” another from inheriting from the person, but Wisconsin’s District 4 Court of Appeals said that provision does not apply to those who assist in suicide.
According to this law in Wisconson, someone assisting a family member in committing suicide remains eligible for inheriting property and other things listed in the family member’s will. In support of her statement, the leading judge says, “Providing (the man) with a loaded shotgun did not deprive him of his life: he deprived himself of life by shooting himself with the shotgun.” The organization Wisconsin Right To Life claims that such a ruling gives people incentive to help people kill themselves.
I agree with the organization on this one. The implications of such a ruling are astounding. People could easily try to convince their depressed or otherwise unhappy relatives to kill themselves. This is true regardless of the ruling. Now, at least in Wisconsin, these people can also provide the means with which their relative could commit suicide and still be off the hook. It is true that “providing (the man) with a loaded shotgun” did not in itself kill him; however, by providing this shotgun, the person has brought him or herself closer to gaining an inheritance, whether it was his or her intent to gain the inheritance or not. It is not the job of the law to determine what one’s intent is; if an obvious, negative intent exists, the law should work against the act in question.
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Nov 15, 2008 @ 21:54:49
Let me play Devil’s Advocate on this one, because ruling in opposition would have caused quite a stir too.
Consider the case of a suffering cancer-patient, we’ll call him Bob, who thinks his time is up and he wants to die. Now we have Sue, who, sympathizing with her ailing father, provides him with the pills he needs to kill himself because he could not get up and get them himself. Bob takes the whole bottle, dies.
Does Sue get to inherit his estate? I think so.