How do I help my elderly parent make a Will?
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
- Plain questions you can read aloud: who should inherit, who should sort things out, any particular gifts.
- The first draft is emailed straight after payment, so you can print it for your parent to 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 and cannot witness.
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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.
- You can set up the laptop or phone, read the questions aloud, type their answers, print the draft and arrange the witnesses.
- They must decide who inherits, who the executors are, any specific gifts, and whether to leave anything to charity. If a question is awkward, leave the room while they think about it.
- A power of attorney does not help here. An attorney under a Lasting or Enduring Power of Attorney cannot make or change a Will for the person. If your parent can no longer make their own decisions, the only route is a statutory Will through the Court of Protection, which needs a solicitor.
- Put their email address in, not yours, if they have one. The draft and the final Will go to the address on the form. If they do not use email, use yours and print everything for them.
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.
Signing and witnesses
- Your parent signs the printed Will with two adult witnesses present at the same time, who then sign in front of them.
- Anyone who inherits, or whose husband, wife or civil partner inherits, must not witness. If they do, their gift is void. So if you are named in the Will, do not be a witness: ask neighbours, friends or carers who get nothing.
- A shaky signature is fine. If they cannot sign at all, a Will can be signed by someone else at their direction and in their presence, but take advice before doing that.
- It is valid the moment the signing is done. Keep the original somewhere safe and tell the executor where it is.
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.
- Answer the questions togetherAbout 15 minutes. Your parent decides; you type.
- Draft emailed straight awayPrint it so they can read it. Reply to the email 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
- Mental Capacity Act 2005, section 18(1)(i) (a deputy or attorney cannot make a Will; the Court of Protection can) — legislation.gov.uk
- Banks v Goodfellow (1870) — the test of testamentary capacity
- 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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