Should I make a Will before moving into a care home?
Yes, if you can. A move into care is often the last easy moment to make a Will while everything is clear in your mind. A Will does not reduce your own care fees: the council looks at what you own now, not what your Will says. What it does is decide who inherits what is left and who sorts it out. You make it the same way as anyone else, then sign it in front of two witnesses who do not inherit.
Do it before the move, while the paperwork is in hand
- Plain questions about who should inherit, who should sort things out and any particular gifts. About 15 minutes.
- The first draft is emailed straight after payment, so it can be printed and read. The final Will is issued once it has passed ClearLegacy’s checks, usually within 24 hours.
- Signing instructions come with it, including who can witness in a care home.
£69 for a Single Will · fixed fee · England & Wales · one free update included
What a Will can and cannot do about care fees
This is the question most families ask first, so it is worth being plain about it.
- A Will does not protect your own money from your own care fees. The council’s financial assessment looks at what you own while you are alive. Your Will only takes effect when you die.
- Your home is usually counted once you move into care permanently, but not while your husband, wife or partner still lives there, or a relative who is 60 or over or incapacitated. In England the value of the home is also ignored for the first 12 weeks of permanent care. Wales has its own rules and limits.
- Giving the house away to avoid fees rarely works. If the council decides an asset was given away to avoid paying for care, it can treat you as still owning it.
- For couples, the Will of the person who dies first matters. If everything is left to the surviving husband or wife, all of it counts if they later need care themselves. Some couples arrange for the first to die to leave their share of the home on trust instead. That needs the home held as tenants in common and a trust written to suit, so it is a job for a solicitor rather than a standard Will.
Capacity: do it while it is easy
To make a valid Will you must understand that you are making a Will, roughly what you own, who might expect to inherit and the choices you are making. Many people moving into care have no difficulty at all. Where there is any memory problem, pick a good time of day and ask the GP to confirm capacity in a short letter on the day the Will is signed. If capacity has already gone, a Will can only be made through the Court of Protection, which needs a solicitor.
Signing and witnesses in a care home
- The Will is signed with two adult witnesses present at the same time, who then sign too.
- Anyone who inherits, or whose husband, wife or civil partner inherits, must not witness. Their gift would be void.
- Care staff can witness if they get nothing under the Will. Some homes have a policy that staff do not witness legal documents, so ask the manager first or bring two friends or neighbours.
- A gift to a carer or to the home is allowed, but it is the kind most often challenged later. Keep a short note of why it was made.
Margaret, 84, is moving into a care home in Surrey next week. Her husband died some years ago. She wants her estate split between her two sons, with £1,000 to the hospice that looked after her husband. Her elder son sits with her and types her answers. The draft arrives the same afternoon and two neighbours witness her signature before the move. Her sons have also started a Lasting Power of Attorney with her, which is a separate document.
Do a Lasting Power of Attorney as well
A Will deals with what happens after death. A Lasting Power of Attorney lets someone you trust deal with your money or your care decisions while you are alive if you cannot. Moving into care is a good time to do both. The Power of Attorney is registered with the Office of the Public Guardian; it is not part of a Will. See do I need a Lasting Power of Attorney?
- Answer the questionsAbout 15 minutes. Your answers save as you go.
- Draft emailed straight awayRead it through. Reply if anything needs changing; one free update is included.
- Final Will issuedOnce it has passed ClearLegacy’s checks, usually within 24 hours.
- Sign with two witnessesNot beneficiaries or their spouses. Clear instructions come with the Will.
Sources
- Wills Act 1837, section 9 (signing and witnessing) and section 15 (gifts to witnesses) — legislation.gov.uk
- Care and Support (Charging and Assessment of Resources) Regulations 2014, Schedule 2 (capital disregarded, including the home where a partner or a relative aged 60 or over or incapacitated lives there; also the first 12 weeks) — legislation.gov.uk
- Care and Support Statutory Guidance, Annex E (deprivation of assets) — GOV.UK
- Mental Capacity Act 2005, section 18(1)(i) (statutory Wills through the Court of Protection) — legislation.gov.uk
- GOV.UK — Paying for your own care and Make a Will
- Reviewed by
- Sat Lally, founder, ClearLegacy
- Last reviewed
- October 2026
- Next review
- April 2027
- Jurisdiction
- England & Wales
Frequently asked questions
Can a Will stop my house being sold to pay for care?
No. The council's financial assessment looks at what you own while you are alive. Your Will only takes effect when you die. Your home is not counted while your husband, wife or partner, or a relative aged 60 or over or incapacitated, still lives there. Couples who want the first to die to leave their share on trust need a solicitor.
Is it too late to make a Will once someone is in a care home?
No. Living in a care home makes no difference to whether a Will is valid. What matters is capacity: understanding that you are making a Will, roughly what you own, who might expect to inherit and the choices you are making. If there is any doubt, ask the GP to confirm capacity in writing on the day of signing.
Can care home staff witness a Will?
Yes, if neither they nor their husband, wife or civil partner inherits anything under it. Some care homes have a policy that staff do not witness legal documents, so ask the manager first or bring two friends or neighbours.
Do I need a Lasting Power of Attorney as well as a Will?
They do different jobs. A Will deals with your estate after death. A Lasting Power of Attorney lets someone you choose handle your money or care decisions while you are alive if you cannot. Many people moving into care do both. The Power of Attorney is made and registered separately.
Make your Will before the move
Plain questions, a draft by email straight after payment and clear signing instructions. England & Wales.
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