Should I make a Will before moving into a care home?

England & Wales · Urgent Wills · Later life

Quick answer

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

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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.

Where a standard Will is the right tool: you want to say who inherits, who your executors are, any particular gifts or a charity. You are not trying to restructure property for care fees. That covers most people moving into care. It can be done the same day.

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

Example scenario

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?

What happens next?
  1. Answer the questionsAbout 15 minutes. Your answers save as you go.
  2. Draft emailed straight awayRead it through. Reply if anything needs changing; one free update is included.
  3. Final Will issuedOnce it has passed ClearLegacy’s checks, usually within 24 hours.
  4. Sign with two witnessesNot beneficiaries or their spouses. Clear instructions come with the Will.

Sources

  1. Wills Act 1837, section 9 (signing and witnessing) and section 15 (gifts to witnesses) — legislation.gov.uk
  2. 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
  3. Care and Support Statutory Guidance, Annex E (deprivation of assets) — GOV.UK
  4. Mental Capacity Act 2005, section 18(1)(i) (statutory Wills through the Court of Protection) — legislation.gov.uk
  5. 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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Moving into a care home?

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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.