Making a Will with a terminal illness

England & Wales · Urgent Wills · Health

Quick answer

You can make a valid Will at any point while you have capacity — the diagnosis itself changes nothing in law. What a terminal illness does change is the order of priorities: decide the big things first (executors, guardians, who gets the home and the rest), get it signed and witnessed while you are well enough, and use the free update for details later. Done online, the whole thing can be finished in a day.

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Order of priorities when time and energy are limited

People in this position are sometimes stalled by trying to get every detail right. The law does not need every detail. A short, valid Will that names executors and says who gets everything is far better than a perfect Will that never gets signed. In order:

  1. Executors — who will deal with everything. One or two people; a spouse, adult child or close friend.
  2. Guardians for children under 18, if any.
  3. The home — especially if it is owned with someone you are not married to, or there are children from an earlier relationship.
  4. Everything else (the residuary estate) — usually one person or shared between a few.
  5. Specific gifts, charities, funeral wishes — add these via the free update if you want to, or leave them in a letter alongside the Will.

Capacity and the “golden rule”

Capacity to make a Will means understanding what a Will does, roughly what you own, who might expect to benefit, and not being affected by a disorder of the mind that distorts those judgements. A terminal illness that does not affect the brain does not affect capacity. Strong pain relief, sedation, infection and exhaustion can, on a given day.

The golden rule: where a Will is made by someone seriously ill, have a doctor confirm capacity at the time of signing, ideally in writing in the medical notes. It is not a legal requirement, but it stops a challenge before it starts. Ask the GP, consultant, or hospice doctor — they do this regularly.

Signing and witnessing when you are unwell

Married, unmarried, divorced: what changes

Example scenario

Dave, 63, has been given a prognosis of months. He and Lynne have lived together for twenty years but never married; the house is in his name. He completes a Single Will online on Sunday leaving the house and residue to Lynne, with his brother as executor. The hospice nurse and a neighbour witness it on Monday, and the hospice doctor notes in his records that he had capacity. Without it, Lynne would have had no right to the home.

Alongside the Will

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, sections 9, 15 and 18 (signing, witnesses, revocation by marriage) — legislation.gov.uk
  2. Banks v Goodfellow (1870) LR 5 QB 549 and Kenward v Adams (1975) (the “golden rule”)
  3. Administration of Estates Act 1925, section 46, and the Administration of Estates Act 1925 (Fixed Net Sum) Order 2023 (£322,000 statutory legacy) — legislation.gov.uk
  4. GOV.UK — Make a Will; Intestacy: who inherits if someone dies without a will
  5. Marie Curie — Making a will (guidance for people with a terminal illness)
Reviewed by
ClearLegacy editorial team
Last reviewed
October 2026
Next review
April 2027
Jurisdiction
England & Wales

Frequently asked questions

Can someone with a terminal illness make a Will?

Yes. The diagnosis does not affect the legal right to make a Will. What matters is capacity at the moment of signing: understanding what a Will does, roughly what you own and who might expect to benefit. It must be signed in front of two independent witnesses present together.

How quickly can a terminally ill person get a Will done?

The same day, if needed. An online Will can be completed in about 15 minutes, the draft is emailed immediately, and it is valid as soon as it is signed in front of two witnesses. There is no waiting period or registration.

What is the golden rule for Wills made by seriously ill people?

A practice, not a legal requirement: a doctor confirms, ideally in writing, that the person had capacity when they signed. It makes the Will very difficult to challenge later. GPs, consultants and hospice doctors do this routinely.

Does my unmarried partner inherit if I die without a Will?

No. In England and Wales an unmarried partner has no automatic right to inherit under the intestacy rules, however long you have lived together. A Will is the only way to provide for them directly.

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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.