Assisted Dying and the Law: Key Updates for 2026
Assisted dying is one of the most complex and contested legal issues in the British Isles, raising profound questions for terminally ill individuals and their families about dignity, suffering and choice at the end of life. The debate has intensified following the approval of assisted dying legislation in Jersey this week, making it the second Crown Dependency to do so, after the Isle of Man. By contrast, assisted dying remains unlawful in England and Wales, despite ongoing parliamentary debate.
The current law in England and Wales
Is assisted dying legal?
Under the Suicide Act 1961, suicide itself is not a criminal offence. However, assisting or encouraging another person’s suicide is a serious criminal offence, punishable by up to 14 years’ imprisonment.
In practical terms:
- a person who ends their own life does not commit a crime
- anyone who helps them to do so may commit a criminal offence
The offence is broad and can include acts that family members may view as compassionate or practical support, rather than direct involvement in the death itself.
Jersey’s assisted dying law
In February 2026, Jersey’s States Assembly approved legislation allowing assisted dying in tightly defined circumstances. Subject to Royal Assent (which is expected to be a formality), assisted deaths could take place in Jersey as early as summer 2026.
Who is eligible in Jersey?
Under the Jersey law, eligibility is limited to adults who:
- are terminally ill
- are experiencing unbearable suffering
- are expected to die within six months, or 12 months for certain neurodegenerative conditions such as Parkinson’s disease or motor neurone disease
- meet a 12-month residency requirement
- have mental capacity and make a voluntary, informed decision
Jersey’s legislation does not change the law in England and Wales. Assisting a person to die outside the strict scope of Jersey’s law (including helping someone travel there) may still expose individuals to criminal liability under English law.
The position in the rest of the British Isles
The Isle of Man became the first first Crown Dependency to approve assisted dying legislation, subject to a five-year residency requirement.
By contrast:
- England and Wales have not legalised assisted dying
- Scotland continues to debate its own proposals
- Westminster legislation remains stalled in the House of Lords
As a result, there is now a patchwork of legal regimes, increasing the risk of confusion for patients and families.
Risks for families and loved ones
Because assisting suicide remails illegal, family members can find themselves in a legally vulnerable position when trying to support a terminally ill loved one.
Conduct that may amount to “assistance” includes:
- researching assisted dying clinics abroad
- booking flights or accommodation
- accompanying someone to a clinic overseas
- helping with forms, medical records or logistics
Practical considerations for Wills, Trusts and Estate Planning
Given the evolving legal landscape, careful planning is essential. Individuals and families should consider:
- reviewing and updating wills
- considering alterative executors or trustees
- reviewing jointly owned property arrangements
- ensuring lasting powers of attorney are in place
- documenting intentions clearly to reduce the risk of disputes
Early specialist advice can help minimise legal risk and protect vulnerable family members at an already challenging time.
How we can help
Assisted dying raises complex issues at the intersection of criminal law, civil liability and estate planning. Our Wills, Trusts and Probate team has extensive experience advising individuals and families on:
- succession planning in sensitive circumstances
- mitigating inheritance risks
- disputes arising after death
- navigating complex decisions with compassion and clarity
If you would like to discuss how these developments may affect you or your family, please get in touch with our team for confidential, tailored advice.