Understanding the assisted dying bill in detail

The Assisted Dying Bill, officially known as the Terminally Ill Adults (End of Life) Bill, is a landmark piece of legislation currently under consideration in the UK Parliament. Introduced by Labour MP Kim Leadbeater on 16 October 2024, the Bill aims to allow terminally ill adults in England and Wales, with fewer than six months to live, to legally end their lives with the assistance of medical professionals. The introduction of this Bill reflects growing public and parliamentary interest in addressing the ethical, medical, and legal challenges surrounding end-of-life care. 

The journey of the Bill

The Assisted Dying Bill was introduced as a Private Members’ Bill. Following its first reading on 16 October 2024, the Bill passed its second reading on 29 November 2024 with a majority of 55 votes after an emotionally charged five-hour debate. This historic vote marked the first time in nearly a decade that Parliament had considered assisted dying legislation, highlighting the evolving societal attitudes on the subject.

The Bill then entered the Committee Stage, where it underwent rigorous scrutiny by a cross-party group of MPs. During this stage, over 150 amendments were proposed and debated, leading to significant changes in the Bill’s provisions.

Current status and changes 

As of early May 2025, the Assisted Dying Bill is preparing for its Report Stage in the House of Commons, scheduled for 16 May 2025. 

Among the most notable changes made during the Committee Stage is the replacement of High Court approval with a Voluntary Assisted Dying Commission and expert panels. The Commission will be led by a High Court judge or a senior former judge, while the panels will be chaired by a senior lawyer or retired judge and include a psychiatrist and a social worker. This amendment aims to streamline the application process while maintaining robust safeguards. These panels will review applications after sign-off by two doctors. Critics, however, have raised concerns about the removal of High Court oversight, questioning whether the new safeguards adequately protect vulnerable individuals. 

Additionally, the implementation period for the Bill has been extended from two years to a maximum of four years, allowing more time for the establishment of assisted dying services. An amendment now explicitly allows healthcare professionals, including pharmacists and nurses, to opt out of participation on moral or ethical grounds without impinging on patient access.

In conjunction with these procedural changes, the Department of Health and Social Care and the Ministry of Justice published an Impact Assessment, which estimates that assisted dying could reduce end‑of‑life care costs by up to £59.6 million per year. Although financial savings are not the Bill’s primary objective, some have raised concerns that cost reductions might exert implicit financial pressure on decision‑making for terminally ill individuals. The assessment further examines implementation expenses, notably projecting that establishing the Voluntary Assisted Dying Commission could cost around £10 million per year. Complementing this, the Equality Impact Assessment highlights potential risks for vulnerable groups such as disabled individuals and those subject to domestic abuse, noting that access to assisted dying may be more challenging for these populations. Despite these concerns, the report confirms that the Bill is compatible with the European Convention on Human Rights.

Despite these changes, the eligibility criteria remain unchanged, limiting access to terminally ill adults with fewer than six months to live.

Timings for implementation

If the Bill passes its remaining stages in Parliament, including consideration by the House of Lords, it is expected to receive Royal Assent later this year. However, the extended implementation period means that assisted dying services may not be operational until 2029. This timeline has sparked debate among supporters who argue for faster implementation to address the needs of terminally ill individuals, and critics who emphasise the importance of careful regulatory and medical preparations. 

Implications for private client solicitors

For private client solicitors, the Assisted Dying Bill introduces new considerations in estate planning and probate matters. Clients may require advice on how assisted dying decisions could impact their wills, inheritance, and the administration of their estates. Cross-border estates may pose additional challenges, particularly in jurisdictions where assisted dying remains illegal. 

Capacity concerns will also need to be addressed, ensuring that clients making assisted dying decisions have the mental capacity to do so. Moreover, the Bill’s provisions may intersect with existing laws, such as the forfeiture rule, which could affect beneficiaries who assist in the process. 

As the legal landscape surrounding assisted dying continues to evolve, private client solicitors will need to stay informed to provide comprehensive advice and support to their clients. 

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