What is an Emergency Will?
Circumstances can change very suddenly and unexpectedly, so if a loved one suddenly falls very ill without a Will, they may wish to make a Will very urgently. We’re here to help you and your loved one make an emergency/deathbed Will that meets their wishes as quickly as possible. We can meet you at your home, hospital, or a care home. Just let us know where we are and your nearest Will lawyer will be on their way as quickly as possible.
Is a Deathbed Will Legal?
Yes. The usual rules apply for a deathbed Will to be valid;
- That the person making the Will is not being coerced
- The Will is in writing, signed by the person making the Will in the presence of two independent witnesses.
- The person making the Will has mental capacity. This means that they are mentally present and cognisant/aware of the effect of making or updating their Will.
- The Will includes language at the top confirming that this Will revokes all former Wills made
Who can Witness a Deathbed/Emergency Will?
A deathbed/emergency Will must be signed by two witnesses in order for it to be considered legal and valid. The people acting as witnesses must not:
- Be under the age of 18;
- Be named in the Will as an executor, beneficiary, trustee, or in any other capacity; and
- Be a family member.
Can a Deathbed Will Be Contested?
Like any other Will, a deathbed/emergency Will can be contested if it is does not meet the above criteria to make it legal. This is why it’s so important for a deathbed/emergency Will to be made by a specialist solicitor. A deathbed Will that does not satisfy the criteria or include very specific language is more open to being contested after death than a Will that is made by a qualified solicitor.
