Making a Will with a terminal illness
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.
Make the important decisions now, while it is still easy
- About 15 minutes online, in one sitting or several — your answers are saved as you go.
- Your first draft is emailed to you straight after payment, so you can check every name while it is fresh.
- Your final Will is issued once it has passed ClearLegacy’s checks, usually within 24 hours — with clear signing and witnessing instructions.
£69 for a Single Will · £99 for Mirror Wills · fixed fee · England & Wales · one free update included
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:
- Executors — who will deal with everything. One or two people; a spouse, adult child or close friend.
- Guardians for children under 18, if any.
- The home — especially if it is owned with someone you are not married to, or there are children from an earlier relationship.
- Everything else (the residuary estate) — usually one person or shared between a few.
- 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.
Signing and witnessing when you are unwell
- Two adult witnesses, both present when you sign, neither a beneficiary nor married to one. Hospice and hospital staff, chaplains, neighbours and friends who do not inherit all qualify.
- If you cannot sign, someone can sign at your direction and in your presence, with the witnesses watching (Wills Act 1837, s.9). Any intended mark also counts as a signature.
- Sign on a good day, at a good time of day. It does not need to be the same day the Will was drafted.
Married, unmarried, divorced: what changes
- Married or civil partnered: without a Will your spouse inherits the first £322,000 plus half the rest if you have children, and everything if you do not. A Will lets you provide for children from a previous relationship or leave specific gifts.
- Unmarried partner: inherits nothing under the intestacy rules, however long you have lived together. This is the single most common reason a terminal diagnosis makes a Will urgent.
- Separated but not divorced: your spouse still inherits under intestacy. A Will overrides that.
- Marriage revokes an earlier Will. If you marry after a diagnosis, make a new Will afterwards (or make one “in contemplation of” the marriage).
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
- A Lasting Power of Attorney (health and welfare, and property and finance) covers decisions while you are alive. It is a separate document and takes several weeks to register, so start it at the same time. See Will vs LPA.
- A letter of wishes for funeral preferences and personal items — not legally binding, but followed in practice.
- Tell your executor where the signed Will is. A Will no one can find is the same as no Will.
- Complete the questionnaireA few guided questions about you, your family and your wishes — about 15 minutes, and you can save and come back.
- Structured reviewYour answers are checked for completeness and consistency before your Will is produced.
- Receive your documentsYour Will and signing instructions are emailed to you, ready to print.
- Sign correctlyTwo independent witnesses, both present when you sign, so the Will is legally valid.
- Protect your familyYour wishes are recorded and your loved ones are spared the intestacy default.
Sources
- Wills Act 1837, sections 9, 15 and 18 (signing, witnesses, revocation by marriage) — legislation.gov.uk
- Banks v Goodfellow (1870) LR 5 QB 549 and Kenward v Adams (1975) (the “golden rule”)
- 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
- GOV.UK — Make a Will; Intestacy: who inherits if someone dies without a will
- 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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