Following last week’s historic vote in Parliament in favour of the Terminally Ill Adults (End of Life) Bill, assisted dying may soon become legal in England and Wales. While the new law is still progressing through the House of Lords, this landmark development marks a major step toward offering terminally ill adults the choice to end their lives under strict safeguards.

The long title of this bill is “A Bill to allow adults who are terminally ill, subject to safeguards and protections, to request and be provided with assistance to end their own life; and for connected purposes.” This goes some way to explaining what the Bill is and how it will be managed.

All adults wishing to end their own lives will need be terminally ill and reasonably expected to die within 6 months to request and lawfully be provided with, assistance to end their own life.

Those who embrace the Bill will see this a breakthrough. They may feel this will give them choice, options, dignity, and control over their own future, if their future is destined to be one of pain and suffering due to a terminal, painful illness, or disease.

Those who are of the opposing opinion see it as a disaster for humanity and raise concerns about coercion, and the elderly or infirm feeling they are a burden to their family or society and choosing assisted dying for, what may be perceived to be, the ‘wrong reasons’.

Doctors have been especially split in their opinions because of their fundamental ethical principle to “do no harm,” and to preserve life. However, there is much debate around this and no doubt an element of personal preference for each medical professional.

This Bill is a huge step forward for those in favour of this Bill, but a step backwards for those who oppose it, and there are of course arguments to support either stance.

Our Court of Protection Team have been keeping a close eye on this Bill in the lead up to the decision today. If you or a family member would like to talk to someone about this, please feel free to contact us.

For individuals considering their future, this is an important time to review legal affairs and ensure your wishes are documented clearly.

Steps you may wish to take to get your affairs in order;

1. Make or Update Your Will

A current and valid Will ensures that your estate is distributed according to your wishes.

• Appoint trusted executors.
• Review provisions for children or vulnerable beneficiaries.
• Consider how end-of-life decisions may impact the timing of your estate administration.

Tip: Let your solicitor know if you are considering future assisted dying eligibility so this can be reflected appropriately in your estate planning.

2. Put in Place a Lasting Power of Attorney (LPA)

LPAs allow trusted individuals to act on your behalf if you lose mental capacity.

• Health & Welfare LPA: Enables attorneys to make decisions about medical treatment and care.
• Property & Financial LPA: Covers your finances, assets, and day-to-day financial management.

Ensure your attorneys understand your values and views on end-of-life choices.

3. Advance Decisions & Care Preferences

• An Advance Decision to Refuse Treatment (ADRT) is legally binding and allows you to decline specific medical treatments in advance.
• An Advance Statement outlines personal preferences for care, comfort, or spiritual support.

These documents guide doctors and attorneys, especially if you are unable to speak for yourself.

4. Understand Eligibility for Assisted Dying (When Enacted)

Although not yet law, future eligibility criteria may include:

• A confirmed terminal illness with life expectancy under 6 months.
• Demonstrated mental capacity.
• Voluntary, informed consent.
• Independent medical assessments and review by a specialist panel.

Start preparing by keeping clear medical records and regularly discussing your condition with your GP or consultant.

5. Talk to Your Loved Ones

• Share your views with family, carers, and legal advisers.
• A Letter of Wishes can explain your decisions in your own words and help reduce uncertainty later.

Clear communication is key to avoiding conflict or confusion in challenging times.

6. Organise Your Financial Affairs

• Review pension and insurance arrangements.
• Prepare a list of assets, passwords, and important documents.
• Consider pre-paid funeral plans or other legacy arrangements.

Financial clarity helps your executors and reduces stress for loved ones.

As legal frameworks around assisted dying evolve, our expert solicitors are ready to advise on:

• Wills, LPAs, and end-of-life planning
• Capacity and consent issues
• Advance decisions and medical ethics
• Inheritance tax, probate, and estate administration

We understand these are sensitive issues. Our team offers compassionate and professional guidance every step of the way. For further information, please contact us.

WBW Solicitors has offices in Axminster, Bovey Tracey, Brixham, Chard, Exeter, Exmouth, Honiton, Launceston, Newton Abbot, Paignton, Seaton, Sidmouth, and Torquay.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.