Updates to the Assisted Dying bill – do family members risk their inheritance?
28th November, 2024
The ongoing Assisted Dying for Terminally Ill Adults Bill highlights a significant shift in the legal framework for end-of-life decisions in England and Wales. Combined with the recent ruling in Morris v Morris (2024), the developments reflect a growing focus on safeguarding our freedom to make our own decisions, while addressing complex legal and ethical concerns
The Assisted Dying Bill proposes to allow terminally ill adults, under strict safeguarding rules, to seek medical assistance to end their lives. Key provisions include:
- Eligibility: Adults aged 18 or over, diagnosed with a terminal illness expected to result in death within six months, may apply. Mental illness or disability alone is excluded unless accompanied by a terminal diagnosis.
- Safeguarding: Patients must make a voluntary, informed declaration, witnessed independently. Two doctors must confirm the diagnosis, capacity, and absence of coercion.
- Judicial oversight: The High Court (Family Division) must approve all cases to ensure compliance and protect vulnerable individuals.
- The importance of ensuring the patient’s decision: Patients must self-administer prescribed life-ending medication, ensuring the final act remains their own choice.
- Participation: Healthcare professionals are not obligated to participate in the process, preserving individual ethical considerations.
Should the Bill pass, these provisions aim to create a framework balancing compassion and safety, with robust measures against misuse.
Implications of Morris v Morris
Morris v Morris offers critical insights into the current legal complexities surrounding assisted dying. The case involved Myra Morris, who, suffering from multiple system atrophy, travelled to Switzerland with her family to end her own life.
While her husband and children risked forfeiting their inheritance under the Suicide Act 1961, the Court ruled in their favour, because:
- Emotional support and presence during an assisted death abroad did not amount to assisting with ending a life, under UK law
- Evidence of Myra’s mental capacity and informed decision-making was pivotal in the ruling.
This case underpins the legal uncertainties that families face when accompanying loved ones abroad with the intention of the loved one ending their own life. If the Assisted Dying Bill is enacted, such cases may see clearer legal protections, potentially preventing similar ethical dilemmas arising.
Practical advice for clients
For individuals and families considering end-of-life options, careful planning and legal guidance are essential, as outlined below:
- Plan an Estate effectively: Seek legal advice to address potential challenges related to the Forfeiture Rule. Clear documentation of intent can safeguard an Estate.
- Understand the legal framework: The Assisted Dying Bill introduces strict safeguarding requirements. Families and individuals must adhere to these requirements if the Bill is enacted.
- Monitor legislative changes: The Bill is scheduled for a second reading on 29 November 2024, and any amendments may impact its final scope.
- Engage early with professionals: Detailed medical and legal records, particularly concerning capacity and intent, are vital to prevent disputes.
It is important to note that the Forfeiture laws have not yet been reviewed in line with the new Bill, and as a result, many families might be left in an uneasy financial position if they were to assist their loved one in such a way.
How Ward Hadaway can help
Ward Hadaway’s expert team is here to provide empathetic, tailored advice. Whether navigating current inheritance laws or planning for potential legislative changes, we can guide you through this complex area with care and professionalism.
Contact the Private client team who are experts in Estates planning and Wills
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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