Making a Will after a cancer diagnosis
Yes, you can make a Will straight away — and many people do in the first weeks after a diagnosis, before treatment starts. The law asks for two things: that you have mental capacity when you make it, and that it is signed in front of two independent witnesses who are present at the same time. Neither depends on your prognosis. A Will made online today and signed tomorrow is as valid as one a solicitor drafted over a month.
Recently diagnosed? You can have your Will sorted this week, not this quarter
- About 15 minutes online, from a phone or laptop — before treatment, strong medication or hospital stays make it harder.
- 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
Why people make a Will in the weeks after a diagnosis
A diagnosis changes what feels urgent. For most people the Will is not about the prognosis at all — it is about taking one worry off the table so the energy can go on treatment and family. Three things are usually behind it:
- Timing. Chemotherapy, radiotherapy, surgery and strong pain relief can all affect concentration and, in some cases, capacity. Making the Will before treatment removes any later argument about whether you understood what you were signing.
- Control. Without a Will the intestacy rules decide who inherits — an unmarried partner gets nothing, and children of a previous relationship can be left out.
- Practicalities. Naming executors, a guardian for children under 18, and what happens to the house means the people around you are not guessing later.
Capacity: what the law actually asks
The test for making a Will (Banks v Goodfellow, still the test in England and Wales) asks whether you understand four things: what a Will does, roughly what you own, who might reasonably expect to benefit, and that no illness is distorting your judgement. A diagnosis of cancer does not affect capacity on its own. What can affect it is medication, pain, delirium or exhaustion on the day — which is why the practical advice is to make and sign the Will on a good day, early, and before any sedation.
Who can witness, including in hospital
- Two adults, both present when you sign, who then sign themselves. They do not need to read the Will.
- A witness (or their spouse or civil partner) must not be a beneficiary — if they are, the Will stays valid but their gift fails.
- Nurses, healthcare assistants and hospital administrators can witness provided they are not beneficiaries. Some NHS trusts have a policy on staff witnessing; if the ward says no, a friend, neighbour or hospital chaplain can do it.
- If you are too weak to sign, section 9 of the Wills Act lets someone else sign at your direction and in your presence, in front of the two witnesses.
What to decide first, if energy is limited
- Executors — one or two people you trust to carry out the Will. A spouse or adult child is usual.
- Guardians for any children under 18.
- Who gets the home and the rest (the residuary estate). Specific gifts can come later via your free update.
- Whether you want Mirror Wills with a partner, so both of you are covered in one sitting.
Priya, 54, is told she will start chemotherapy in ten days. She completes a Single Will online on Tuesday evening, checks the draft on Wednesday morning, and signs it on Thursday with two neighbours as witnesses — a week before her first cycle. When she later wants to add a gift to a hospice, she uses the free update.
Updating an existing Will
If you already have a Will, a diagnosis is a good moment to re-read it: executors who have moved away, a partner you have since married (marriage revokes an earlier Will in England and Wales), children born since, or a house bought together. A new Will replaces the old one entirely, so it is usually simpler to make a fresh one than to add a codicil.
- 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 and witnessing) — legislation.gov.uk
- Banks v Goodfellow (1870) LR 5 QB 549 — the test of testamentary capacity
- Mental Capacity Act 2005 — legislation.gov.uk
- GOV.UK — Make a Will
- Macmillan Cancer Support — Making a will (general guidance for people with cancer)
- Reviewed by
- ClearLegacy editorial team
- Last reviewed
- October 2026
- Next review
- April 2027
- Jurisdiction
- England & Wales
Frequently asked questions
Can I make a Will after being diagnosed with cancer?
Yes. A diagnosis does not affect your right or capacity to make a Will. You can make a valid Will the same day, as long as you understand what you are doing and it is signed in front of two independent witnesses present at the same time. Many people make one before treatment starts.
Does chemotherapy affect whether my Will is valid?
Not in itself. What matters is that you had capacity when you signed. Strong medication, pain or exhaustion on the day can raise doubts, so sign on a good day, ideally before treatment begins, and consider asking a doctor to note that you had capacity.
Can a nurse witness my Will in hospital?
Usually yes, provided the nurse is not a beneficiary or married to one. Two witnesses must be present together when you sign. If the ward has a policy against staff witnessing, a friend, relative who does not benefit, or hospital chaplain can witness instead.
What if I am too weak to sign?
The Wills Act 1837 allows another person to sign on your behalf, at your direction and in your presence, in front of the two witnesses. The witnesses then sign as usual.
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