Can Relatives Inherit from Assisted Suicide?

Interesting question before a Wisconsin appeals court. In it’s decision the appeals court upheld an earlier lower court decision that allowed a man’s wife and daughter to inherit his estate even though they assisted him to commit suicide.

In what some legal analysts say is a precedent setting case in the nation, the court held that while state law prohibits anyone who “intentionally kills” another person from inheriting and benefiting from the death, Wisconsin’s District 4 Court of Appeals said that provision isn’t applicable to cases of assisted suicide.

Edward Schunk suffered from non-Hodgkins Lymphoma and had been hospitalized. His doctor allowed him a one-day pass to go home and see his dogs one last time. His wife and daughter took him home.

Later that day he was found dead from a gunshot wound – self inflicted. His entire estate, about half a million dollars, was left entirely to his wife and daughter with nothing being left to his other five children. They contested the will saying that his wife and daughter assisted in his death by providing the shotgun and therefore should not be entitled, under Wisconsin law, to inherit because it’s a felony to assist another to commit suicide. The law provides that anyone who “intentionally kills” another cannot inherit from that person.

The Court held that that provision of law is not applicable to assisted suicide. The key phrase for purposes of this appeal is “unlawful and intentional killing of the decedent”, the court held. “The objectors contend that this plainly includes assisting the decedent to commit suicide. We disagree and conclude the phrase plainly does not include this conduct……”unlawful” and “intentional” modify “killing” by limiting its meaning. If, as we have concluded, assisting another to commit suicide is not “killing” another, it does not become so because the conduct is unlawful and intentional.

The three judge panel was unanimous in the decision and concluded that Edward deprived himself of life by shooting himself with the shotgun.

Pro-lifers are upset because they think that this does not hold those who assist in suicide to be accountable and gives them financial motive to assist the suicide.