Following approval of the Terminally Ill Adults (End of Life) Bill in the House of Commons, Sharon Crosby, partner and head of the Care & Capacity team at Lodders, outlines key considerations for private client practitioners.

Assisted dying has been permitted in other parts of the world for quite some time. Most notably, it has been legal in Switzerland since 1942, with the Dignitas group becoming well-known due to it allowing non-Swiss people to use its clinics. More than 500 Britons have died at Dignitas in the past two decades, including 40 last year.

Other countries where a form of assisted dying is legal include the Netherlands, Belgium, Spain, Luxembourg, Canada, New Zealand, Australia and some US states.

What is the Terminally Ill Adults (End of Life) Bill?

Described as a landmark piece of legislation, the Terminally Ill Adults (End of Life) Bill proposes to allow terminally ill adults in England and Wales, who have mental capacity, and are in the final six months of their lives, to request assistance from a doctor to end their lives.

The Bill passed its second reading in the House of Commons by 314 votes to 219 and now proceeds to the House of Lords for further scrutiny.

Under the proposed framework, an individual would only be eligible if they:

• have capacity “to make a decision to end their own life” (with capacity to be read in accordance with the Mental Capacity Act 2005)
• have a terminal illness prognosis
• are aged 18 or over
• have been ordinarily resident in England and Wales for at least 12 months
• be registered as a patient with a GP practice in England or Wales

The request must be independently verified by a panel comprising of a lawyer, a psychiatrist, and a social worker. Crucially, the individual’s decision must be demonstrably autonomous, with clear evidence that the individual has not been coerced.

What are the implications of the Terminally Ill Adults (End of Life) Bill for private client solicitors?

The ongoing debate surrounding assisted dying underscores the importance of understanding how individuals can exercise autonomy over their end-of-life decisions, both under the current legal framework and, potentially, under the provisions of the Terminally Ill Adults (End of Life) Bill.

Should it become law, the implications for private client solicitors will be significant. Key areas of consideration include:

1. Wills and estate planning

Clients contemplating assisted dying may require time-sensitive advice on updating their wills, trusts, and broader estate planning arrangements. This may involve accelerated will-making processes, including home or hospice visits, as well as timely assessments of testamentary capacity.

Practitioners should be prepared for increased demand for rapid, compliant estate planning services, particularly where timing is critical and disputes are more likely. Such situations are often emotionally charged and legally complex.

Practitioners must also be mindful of the interaction of the new legislation and the forfeiture rules whereby a person deemed to have been involved in the ‘unlawful killing’ of an individual may be barred from benefiting from their estate. Under current law, assisting a person to end their life is an offence under the Suicide Act 1961. The proposed legislation is expected to amend the Suicide Act 1961 to provide relief or a defence to liability. Practitioners will need to ensure the provisions and their practical impact are fully understood to properly advise clients.

2. Lasting powers of attorney (LPAs)

Under the current legal law, health and welfare LPAs take effect only when the donor has lost capacity. In contrast, the Bill requires that an individual must retain capacity at the time of requesting assisted dying. As such, attorneys appointed under health and welfare LPAs are unlikely to have the authority to make or consent to such decisions on behalf of the donor.

This does not mean that LPAs become irrelevant in this situation - far from it. Given the strict eligibility requirements, individuals may not qualify to make the decision to end their own life and may then be reliant upon attorneys carrying out their wishes as best they can. A donor cannot include instructions or directions in an LPA which are illegal and therefore clients need to be aware that even if the Bill allows an individual to make the decision to end their life, this does not mean that attorneys can be instructed to carry out those wishes if the donor lacks capacity at the relevant time.

Solicitors must advise clients and their appointed attorneys clearly on the scope of LPAs in this context, to reduce the risk of misunderstanding, conflict, or unintended legal consequences.

3. The role of the Court of Protection

The Bill places renewed emphasis on the importance of robust and well-documented capacity assessments. In cases where there are disputes amongst family members or concerns around coercion or undue influence, practitioners should anticipate possible involvement from the Court of Protection.

Solicitors must be equipped to navigate contested proceedings and ensure that all advice and documentation meet the highest standards of evidential scrutiny.

What steps should private client solicitors take ahead of the assent of the Terminally Ill Adults (End of Life) Bill?

Whilst the Bill continues through the legislative process, private client solicitors should act now to ensure they are prepared for its potential implementation.

They should proactively monitor the progress of the Terminally Ill Adults (End of Life) Bill through parliament, keeping a close eye on amendments, consultations, and anticipated commencement dates. Early awareness of legislative milestones will enable practitioners to adapt policies and advise clients in a timely and compliant manner.

Solicitors should also consider drafting internal protocols for managing enquiries relating to assisted dying - from terminally ill clients, their families, or healthcare professionals. These protocols should include clear guidance on how to:

• conduct and record robust mental capacity assessments
• assess coercion risks and client vulnerability
• maintain confidentiality and comply with professional obligations

Firms should also look to update precedent documents and client intake forms to reflect the potential legalisation of assisted dying and its intersection with existing advance care planning tools, such as living wills, DNACPR orders, and LPAs for health and welfare.

It may be prudent to seek additional training for private client teams and to raise awareness among colleagues in related departments. Such training should cover both legal and ethical considerations and include insights from medical, palliative care, and safeguarding perspectives.

Finally, private client solicitors should watch for guidance and best practice updates from professional bodies such as the Society of Trust and Estate Practitioners (STEP) and the Association of Lifetime Lawyers, which are likely to publish commentary to assist practitioners navigating this sensitive and evolving area of law.

Private client solicitors are uniquely positioned to support individuals navigating sensitive decisions related to assisted dying. Thorough preparation and a clear understanding of the potential new legal framework are essential to ensure ethical practice. 

About the author

Sharon Crosby is a partner in the Private Client team at Lodders and head of the Care and Capacity team. She specialises in the preparation of wills and lasting powers of attorney, as well as making applications to the Court of Protection where an individual no longer has capacity to make decisions.

She is a full member of the Society of Trust and Estate Practitioners (STEP) and in January 2022, was awarded a Distinction in the STEP Advanced Certificate in Advising Elderly Clients. She is also a fully accredited member of the Association of Lifetime Lawyers.

See also

Place a deceased estates notice

The duties of an executor: what to do when someone dies

The Law Commission publishes recommendations to reform the law of wills

Find out more

Terminally Ill Adults (End of Life) Bill (Parliament.UK)

Mental Capacity Act 2005 (Legislation)

Suicide Act 1961 (Legislation)

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Lodders

Publication date

5 August 2025

Any opinion expressed in this article is that of the author and the author alone, and does not necessarily represent that of The Gazette.