How do I help my elderly parent make a Will?

England & Wales · Urgent Wills · Family

Quick answer

You can help, but the Will must be theirs. Sit with your parent, read each question aloud and type what they tell you; the decisions about who inherits, who looks after things and any gifts have to be their own, made while they understand what they are doing. Then they sign it in front of two witnesses who do not inherit. Done that way, it is valid in England & Wales the moment it is signed.

Sit down together and it is done in about 15 minutes

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What you can and cannot do

Many Wills for older people are made with a son, daughter, niece or nephew sitting beside them. That is normal and sensible. The line to keep in mind is simple: you can help with the doing; you cannot do the deciding.

Capacity: the question that matters most

To make a valid Will your parent must understand four things: that they are making a Will, roughly what they own, who might reasonably expect to inherit, and the choices they are making. They do not need to remember every account or every grandchild’s birthday. Capacity can vary from day to day and from morning to evening, so pick a time when they are at their clearest.

If there is any doubt, get it in writing. Where a parent is very elderly, frail or has any memory problems, ask their GP to see them and confirm in a short letter that they have capacity to make a Will, ideally on the day they sign. Courts have long encouraged this for older testators, and it makes a later challenge far less likely.

Signing and witnesses

Example scenario

Angela helps her 93-year-old aunt make a Will. She reads out each question and types the answers her aunt gives: everything to her husband, and if he dies first, to Angela. Angela is named as executor, so when it comes to signing, two neighbours act as witnesses rather than Angela or her husband. Her aunt’s GP has written a short letter confirming capacity, which is kept with the Will.

If your parent is in hospital or a care home

The same rules apply. Do it before any sedation or strong medication, and as early in the admission as you can. Nurses and care staff can usually witness, as long as they do not inherit. If you are pressed for time, see making a Will before surgery and getting a Will done the same day.

What happens next?
  1. Answer the questions togetherAbout 15 minutes. Your parent decides; you type.
  2. Draft emailed straight awayPrint it so they can read it. Reply to the email 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. Mental Capacity Act 2005, section 18(1)(i) (a deputy or attorney cannot make a Will; the Court of Protection can) — legislation.gov.uk
  3. Banks v Goodfellow (1870) — the test of testamentary capacity
  4. GOV.UK — Make a Will
Reviewed by
Sat Lally, founder, ClearLegacy
Last reviewed
October 2026
Next review
April 2027
Jurisdiction
England & Wales

Frequently asked questions

Can I make a Will for my elderly mother or father?

No. A Will must be the person's own decisions, and only they can sign it. You can help them get online, type what they tell you and print it, but the choices about who inherits and who acts as executor must be theirs. A power of attorney does not let you make a Will on their behalf.

Does my parent need mental capacity to make a Will?

Yes. They must understand that they are making a Will, roughly what they own, who might expect to inherit, and the choices they are making. Capacity can come and go, so choose a good time of day. If there is any doubt, ask their GP to confirm capacity in writing before they sign.

Can I be a witness to my parent's Will?

Not if you, or your husband, wife or civil partner, inherit under it. A gift to a witness or a witness's spouse is void, although the rest of the Will stands. Use two adults who get nothing, for example neighbours, friends or carers who are not beneficiaries.

What if my parent cannot use a computer or phone?

That is fine. Sit with them and type their answers, reading each question aloud. The draft is emailed, so print it for them to read. If they cannot hold a pen steadily they can still sign with a mark, with both witnesses present, but take advice first.

Ready to sit down together?

Plain questions, a draft by email straight after payment, and clear signing instructions. England & Wales.

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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.