Assisted dying law in the UK: Current legal implications and proposed new law

Important: The law on assisted dying, and the progress of the Terminally Ill Adults (End of Life) Bill, is changing. This article reflects the position in England and Wales at the time of writing but may become out of date. The legal position and the Bill’s progress should always be checked for the latest updates.

Assisted dying is one of the most sensitive and contested legal and ethical issues in the UK. For individuals who are terminally ill, and for the families who care for them, it can raise deeply personal questions about dignity, suffering and choice at the end of life.

At the same time, the legal framework in England and Wales is clear in one important respect: while suicide itself is not a crime, assisting or encouraging another person’s suicide remains a serious criminal offence.

Recent developments, including the Terminally Ill Adults (End of Life) Bill, have brought assisted dying law in the UK into sharp focus. The Bill seeks to legalise assisted dying in tightly defined circumstances for terminally ill, mentally competent adults, and it has generated intense parliamentary and public debate.

In this article, Roman Kubiak, Partner and Head of Private Wealth Disputes and John Davies, Senior Associate explain:

• the current assisted dying law in England and Wales
• the key features of the proposed new law
• the potential civil law and inheritance consequences, particularly the forfeiture rule
• what this may mean in practice for families who feel torn between supporting a loved one’s wishes and protecting their own position

The current assisted dying law in England and Wales

Is assisted dying legal in the UK?

In England and Wales, suicide was decriminalised by the Suicide Act 1961. However, section 2 of that Act makes it a criminal offence to encourage or assist the suicide, or attempted suicide, of another person. The maximum sentence is up to 14 years’ imprisonment.

In simple terms:

• a person who takes their own life does not commit a crime
• anyone who helps them to do so may be committing a criminal offence

The offence covers any act that is capable of encouraging or assisting another person’s suicide, where the person who does the act intends it to encourage or assist suicide. This can include what many families might think of as practical or logistical support rather than direct involvement in the act itself.

Practical risks for families who help a loved one

Because assisting suicide remains unlawful, family members and close friends can find themselves in a very vulnerable position. Examples of conduct that may amount to “assistance” include:

• researching an overseas clinic that offers assisted dying
• booking flights or accommodation
• travelling with a loved one to a clinic abroad, such as Dignitas or other Swiss organisations
• helping with forms, medical records or other paperwork

For example, a daughter who books travel and accompanies her terminally ill father to a Swiss assisted dying clinic, or a son who arranges the flights but does not travel, may both be at risk of investigation and potential prosecution.

In practice, the Crown Prosecution Service (CPS) issues detailed guidance and will only bring a prosecution where the legal test is met and it is considered to be in the public interest. In some cases, such as Ninian v Findlay, the police have investigated and the CPS has ultimately decided not to prosecute, even where the evidential test was satisfied, because a prosecution was not thought to be in the public interest.

However, there is no guarantee that a prosecution will not be brought. For families already facing the emotional strain of a loved one’s terminal illness, the possibility of:

• police involvement
• interviews under caution
• a decision to prosecute

can add a further layer of anxiety and distress.

Even if no criminal charge is brought, there may still be civil law consequences, particularly in relation to inheritance.

The Terminally Ill Adults (End of Life) Bill

The Terminally Ill Adults (End of Life) Bill is a Private Member’s Bill which seeks to change the law to allow assisted dying in limited circumstances.

On 20 June 2025, the Bill passed its Third Reading in the House of Commons, with MPs voting in favour of the proposals after substantial debate and amendment. The Bill is now before the House of Lords, currently at the committee stage, where it has undergone detailed scrutiny and is subject to significant delay and further amendments. There are several further debates scheduled for early next year.

At the time of writing, the Bill has not yet become law. Assisted dying therefore remains unlawful in England and Wales unless and until Parliament enacts and brings into force new legislation.

Who would be eligible for assisted dying under the Bill?

As currently drafted, the Bill would permit assisted dying where:

• the person is aged 18 or over
• they are a resident of England or Wales
• they have a terminal illness and are expected to live for six months or less
• they have mental capacity to make the decision
• they make a voluntary, clear and settled request for an assisted death

Only individuals who are able to self-administer the prescribed life-ending medication would be eligible. The Bill would not require any doctor or health professional to take part against their conscience.

Safeguards and the approval process

When first proposed, the Bill required approval by two doctors and a High Court judge. During its passage through the Commons, the safeguards were amended. Key features now include:

• assessment by at least two independent doctors, who must confirm that the eligibility criteria are met
• oversight by an independent multi-disciplinary panel, typically comprising a senior legal figure and medical and social care professionals, in place of direct High Court approval
• requirements for independent advocacy and additional protections for potentially vulnerable individuals

These safeguards are intended to balance respect for personal autonomy with protections for those who may feel pressured or who may be vulnerable for other reasons.

The precise form of these safeguards may change as the Bill progresses through the House of Lords, and there is no certainty at this stage that it will become law in its present form, or at all.

Civil law consequences and the forfeiture rule

What is the forfeiture rule?

Alongside the criminal law, there is a long-standing civil law principle that a person should not be allowed to profit from their own wrongdoing. This is reflected in the forfeiture rule.

In broad terms, if a person unlawfully kills someone from whom they stand to inherit, they are treated for inheritance purposes as if they had died before the victim. As a result, they “forfeit” any entitlement they might otherwise have had under a will, intestacy or jointly owned property.

The rule is now subject to the Forfeiture Act 1982, which gives the court a discretion to modify or exclude the effect of forfeiture if justice requires it, taking into account all the circumstances.

In the context of assisted dying, this means that a person who helps a loved one to travel overseas for an assisted death may face the risk that they are treated as having unlawfully assisted suicide, with the result that they cannot inherit from the deceased’s estate unless the court grants relief.

Ninian v Findlay

In Ninian v Findlay [2019] EWHC 297 (Ch), the deceased travelled to Switzerland to end his life with the assistance of an organisation that facilitates assisted dying. His widow accompanied him, supported him throughout the process and was interviewed by police on her return. The CPS ultimately decided that although there was sufficient evidence, a prosecution would not be in the public interest.

The High Court then considered whether the forfeiture rule should prevent the widow from inheriting. The court decided that, in the particular circumstances, relief should be granted and the forfeiture rule should be modified so that she could inherit her late husband’s estate.

Morris v Morris

The more recent case of Morris v Morris [2024] EWHC 2554 (Ch) also concerned a husband who had accompanied his terminally ill wife to a Swiss clinic, where she ended her life by self-administering life-ending medication.

The court accepted that his conduct amounted to an offence of assisting suicide and that the forfeiture rule was therefore engaged. However, it concluded that:

• his actions were motivated entirely by compassion
• he did not stand to gain personally beyond what his wife had already chosen to leave him
• there was no element of pressure, manipulation or exploitation

On that basis, the court exercised its discretion under the Forfeiture Act 1982 and disapplied the forfeiture rule in full, allowing him to inherit his wife’s estate.

Relief is discretionary, not automatic

These cases demonstrate that the courts are willing, in appropriate cases, to soften the harshness of the forfeiture rule where a person has acted out of compassion and without personal gain. However, they also underline that:

• relief is not automatic
• each case turns on its own facts
• the nature and extent of the assistance, the person’s motives and the surrounding circumstances will all be carefully scrutinised

Not all acts of compassion will be enough to persuade the court to disapply forfeiture. For families, this creates a significant legal risk when they are already dealing with difficult personal and moral decisions.

Key points for individuals and families to consider

If you or a loved one is considering options at the end of life, particularly any form of assisted dying or travel abroad to an assisted dying clinic, it is important to understand that:

• assisting suicide remains a criminal offence in England and Wales
• the CPS may decide not to prosecute in some cases, but this cannot be guaranteed
• there may be complex inheritance and estate planning implications, including the possible application of the forfeiture rule
• recent cases such as Ninian and Morris show that courts may grant relief, but only after a detailed and sometimes distressing legal process

Early specialist advice can help:

• clarify the potential criminal and civil law risks
• review and update wills, lasting powers of attorney and other estate planning documents
• consider how best to protect vulnerable family members and minimise the likelihood of disputes after death

This area of law is evolving as the assisted dying debate develops. Anyone affected by these issues should take tailored legal advice rather than relying on general information.

Assisted dying law UK – FAQs

Is assisted dying legal in the UK right now?

In England and Wales, assisted dying (or assisting suicide) is currently illegal. Section 2 of the Suicide Act 1961 makes it a criminal offence to encourage or assist another person’s suicide, punishable by up to 14 years’ imprisonment.

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

It is a proposed law that would allow terminally ill, mentally competent adults with six months or less to live to request an assisted death in tightly controlled circumstances. The Bill has passed its Third Reading in the House of Commons and is currently being scrutinised in the House of Lords. It has not yet become law.

Could I be prosecuted for helping a loved one travel to an assisted dying clinic abroad?

Yes. Providing practical help, such as booking travel or accompanying a loved one to a clinic overseas, can amount to “assisting suicide” under the Suicide Act 1961. The CPS will consider whether there is enough evidence and whether a prosecution is in the public interest, but there is always a risk of investigation and possible prosecution.

What is the forfeiture rule and how does it affect inheritance after assisted suicide?

The forfeiture rule prevents someone from inheriting from a person whose death they have unlawfully caused. In assisted dying cases, this can mean that a family member who has helped a loved one to die may be treated as if they died first and therefore lose their inheritance, unless the court decides to modify or remove the effect of the rule under the Forfeiture Act 1982.

Do recent cases mean families are now safe from forfeiture if they act out of compassion?

No. Cases such as Ninian v Findlay and Morris v Morris show that courts can and do grant relief in compassionate circumstances, but the decision is always discretionary and fact-specific. There is still significant legal uncertainty and risk, and families should seek specialist advice if they are concerned about the implications for inheritance or potential disputes.

Important notice

This article is for general information only. It does not constitute legal advice and should not be relied upon as such. The law on assisted dying in the UK, and the progress and content of the Terminally Ill Adults (End of Life) Bill, may change. You should always seek up-to-date advice on the current legal position in England and Wales.

Talk to our specialist team

Questions about assisted dying law in the UK are never only legal. They are deeply personal and can affect families for generations, particularly where significant estates or family businesses are involved.

If you are concerned about:

• the criminal law risks of assisting a loved one
• how assisted dying issues might affect your will, estate planning or inheritance
• the potential impact of the forfeiture rule or the possibility of a future dispute

Our specialist team can help you understand your options and protect your position. To discuss any of the issues raised in this article in confidence, please get in touch with our Private Wealth Disputes team.