EMERGENCY &
DEATHBED WILLS

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IN THIS BLOG

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
  • 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.