Making a Will after a cancer diagnosis

England & Wales · Urgent Wills · Health

Quick answer

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.

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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:

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.

If capacity may be questioned later (for example, if the illness affects the brain, or if you expect a family dispute), ask your GP or consultant to make a short note confirming capacity on the day you sign. It is known as the “golden rule” and it makes the Will very hard to challenge.

Who can witness, including in hospital

What to decide first, if energy is limited

  1. Executors — one or two people you trust to carry out the Will. A spouse or adult child is usual.
  2. Guardians for any children under 18.
  3. Who gets the home and the rest (the residuary estate). Specific gifts can come later via your free update.
  4. Whether you want Mirror Wills with a partner, so both of you are covered in one sitting.
Example scenario

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.

What happens next?
  1. Complete the questionnaireA few guided questions about you, your family and your wishes — about 15 minutes, and you can save and come back.
  2. Structured reviewYour answers are checked for completeness and consistency before your Will is produced.
  3. Receive your documentsYour Will and signing instructions are emailed to you, ready to print.
  4. Sign correctlyTwo independent witnesses, both present when you sign, so the Will is legally valid.
  5. Protect your familyYour wishes are recorded and your loved ones are spared the intestacy default.

Sources

  1. Wills Act 1837, section 9 (signing and witnessing) — legislation.gov.uk
  2. Banks v Goodfellow (1870) LR 5 QB 549 — the test of testamentary capacity
  3. Mental Capacity Act 2005 — legislation.gov.uk
  4. GOV.UK — Make a Will
  5. 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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E&OE — errors and omissions excepted. This page is general information about the law of England and Wales, drawn from the sources it cites; it is not legal, tax or financial advice and ClearLegacy is not a law firm. Rules, figures and fees change, and we re-check them on the review dates recorded in our claims register. Check the primary source, or take advice, before relying on it for your own circumstances.