Heledd Wyn discusses assisted dying and estate planning

With assisted dying legislation moving ever closer, Bristol Partner Heledd Wyn has provided extensive commentary the implications that new laws could have for estate planning – and what this means for private client lawyers.

The issue: assisted dying

With assisted dying legislation moving forward rapidly in the Channel Islands, estates face new legal questions and risks to manage. Citywealth’s article explores the current state of play in Jerey, Guernesy and the Isle of Man.

“We must place safeguarding and evidential certainty at the centre of our advice” – Heledd Wyn

In Heledd’s contribution, she explores the implications for private practice, considering the safeguarding and reputational exposure that may arise.

“The data clearly shows that assisted dying is becoming legislated for and practised around the world. What this means for private client lawyers is that we must place safeguarding and evidential certainty at the centre of our advice. By definition, many individuals exploring assisted dying are living with serious illness, disability, or psychiatric conditions – and these are all factors that elevate concerns around capacity, vulnerability, and the risk of undue influence in any contemporaneous estate planning. So it’s absolutely essential for lawyers to undertake robust, well documented capacity assessments, obtain independent medical opinion where appropriate, and maintain clear records showing that decisions were informed, voluntary, and free from external pressure.”

Read the full piece on Citywealth.

What happens when families don’t agree?

Heledd recently appeared on Prepared, Not Scared – THE Essential Conversation About Death and Dying to discuss what happens when families don’t agree.

What does this mean for me?

If you have questions around assisted dying legislation or simply wish to discuss the implications of this article, Heledd and the Rothley Law team would be very happy to help.