Can I write a Will in hospital?
Yes. A Will made in hospital is valid on exactly the same terms as one made at home: you need capacity at the moment you sign, and two independent witnesses present together. You can complete the questionnaire on a phone from the bed, have the draft emailed within the hour, print it at the nurses’ station or have a relative bring it in, and sign the same day.
In hospital and want this done? A relative can print it and you can sign today
- About 15 minutes on a phone. Your draft is emailed straight away so someone can bring a printed copy in.
- Your first draft is emailed to you straight after payment, so you can check every name while it is fresh.
- Your final Will is issued once it has passed ClearLegacy’s checks, usually within 24 hours — with clear signing and witnessing instructions.
£69 for a Single Will · £99 for Mirror Wills · fixed fee · England & Wales · one free update included
The three practical problems on a ward, and how to handle each
1. Finding two witnesses
Witnesses must be adults, present at the same time when you sign, and must not be beneficiaries (or married to one). On a ward the usual options are:
- Hospital staff — nurses, healthcare assistants, ward clerks. Many are willing; some trusts ask staff not to, so check with the ward manager first.
- The hospital chaplaincy — chaplains of any faith or none routinely witness documents.
- Visitors who do not inherit — a friend, neighbour or colleague. A spouse or child who is a beneficiary must not witness.
- Another patient’s visitor — legally fine, if the person is willing.
2. Capacity and medication
The question is whether you understood what you were doing when you signed. Pick a time when you are alert — after rest, before the next dose of strong pain relief, not immediately after an anaesthetic. If there is any chance a family member will later dispute the Will, ask the doctor on the ward to note in your records that you had capacity that day.
3. Signing when you are weak
Any mark you intend as your signature is enough. If you cannot hold a pen, section 9 of the Wills Act 1837 allows someone else to sign for you, at your direction and in your presence, with the two witnesses watching. Write a line above the signature saying it was signed by that person at your request.
Getting the document to the bed
- Complete the online questionnaire on your phone, or have a relative read the questions to you and type the answers.
- The draft is emailed immediately. Forward it to the relative, who prints it at home or at the hospital’s patient services desk.
- Sign with both witnesses present; they sign and add their names and addresses.
- Keep the signed original somewhere safe — not in the bedside locker. Tell your executor where it is.
George, 71, is admitted after a fall and will have a hip operation in two days. His daughter completes his Will with him on her phone that evening; the draft arrives while she is still on the ward. She prints it the next morning, and George signs it with a ward clerk and the chaplain as witnesses, well before his pre-med.
What a hospital Will cannot do
- It cannot be made by someone else on your behalf once capacity has gone. If a relative has already lost capacity, the only route is a statutory Will through the Court of Protection, which takes months.
- It does not replace a Lasting Power of Attorney, which deals with decisions while you are alive. See Will vs LPA.
- There is no special “deathbed Will” in England and Wales — the same formalities apply. (Privileged, unsigned Wills exist only for serving military personnel.)
- Complete the questionnaireA few guided questions about you, your family and your wishes — about 15 minutes, and you can save and come back.
- Structured reviewYour answers are checked for completeness and consistency before your Will is produced.
- Receive your documentsYour Will and signing instructions are emailed to you, ready to print.
- Sign correctlyTwo independent witnesses, both present when you sign, so the Will is legally valid.
- Protect your familyYour wishes are recorded and your loved ones are spared the intestacy default.
Sources
- Wills Act 1837, section 9 (signing, including signature by another at the testator’s direction) — legislation.gov.uk
- Wills Act 1837, section 15 (gifts to attesting witnesses fail) — legislation.gov.uk
- Mental Capacity Act 2005, sections 16–18 (statutory Wills via the Court of Protection) — legislation.gov.uk
- GOV.UK — Make a Will
- Citizens Advice — Wills: signing and witnessing your Will
- Reviewed by
- ClearLegacy editorial team
- Last reviewed
- October 2026
- Next review
- April 2027
- Jurisdiction
- England & Wales
Frequently asked questions
Can I make a valid Will from a hospital bed?
Yes. The same rules apply as anywhere else in England and Wales: you need capacity when you sign and two independent adult witnesses present at the same time. It can be prepared online on a phone, printed by a relative and signed on the ward the same day.
Can hospital staff witness a Will?
Yes, provided they are not beneficiaries or married to one. Nurses, healthcare assistants, ward clerks and chaplains all qualify. Some NHS trusts ask staff not to witness, in which case use the chaplaincy or a visitor who does not inherit.
What if I cannot hold a pen?
Section 9 of the Wills Act 1837 allows another person to sign the Will for you, at your direction and in your presence, in front of the two witnesses. Any mark you intend as a signature is also acceptable.
Is a deathbed Will or a verbal Will valid in the UK?
No. In England and Wales a Will must be in writing, signed and witnessed by two people present together. Verbal wishes have no legal effect. The only exception is a privileged Will for serving members of the armed forces.
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