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Emergency and Deathbed Wills

Loved one suddenly ill? Learn about emergency/deathbed Wills: are they legal? Yes, but specific rules apply. We can help urgently, meeting you at home or hospital.

February 23, 2024

Emergency and Deathbed Wills

WHAT IS AN EMERGENCY WILL?

Circumstances can change very suddenly and unexpectedly, so if a loved one suddenly falls very ill without a Will, they may wish to make a Will very urgently. We’re here to help you and your loved one make an emergency/deathbed Will that meets their wishes as quickly as possible. We can meet you at your home, hospital, or a care home. Just let us know where we are and your nearest Will lawyer will be on their way as quickly as possible.

IS A DEATHBED WILL LEGAL?

Yes. The usual rules apply for a deathbed Will to be valid;

  • That the person making the Will is not being coerced
  • The Will is in writing, signed by the person making the Will in the presence of two independent witnesses.
  • The person making the Will has mental capacity. This means that they are mentally present and cognisant/aware of the effect of making or updating their Will.
  • The Will includes language at the top confirming that this Will revokes all former Wills made

WHO CAN WITNESS A DEATHBED/EMERGENCY WILL?

A deathbed/emergency Will must be signed by two witnesses in order for it to be considered legal and valid. The people acting as witnesses must not:

  • Be under the age of 18
  • Be named in the Will as an executor, beneficiary, trustee, or in any other capacity
  • Be a family member

CAN A DEATHBED WILL BE CONTESTED?

Like any other Will, a deathbed/emergency Will can be contested if it is does not meet the above criteria to make it legal. This is why it’s so important for a deathbed/emergency Will to be made by a specialist solicitor. A deathbed Will that does not satisfy the criteria or include very specific language is more open to being contested after death than a Will that is made by a qualified solicitor.

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