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Making a Will in Hospital or a Care Home: UK Legal Guide

· 30 min

Note: The following scenario is fictional and used for illustration.

Margaret, 68, was admitted to hospital with a stroke. Lying in her ward bed, she realized with sudden clarity that she'd never made a will. Her £340,000 estate—including the family home she'd shared with her unmarried partner of 15 years—would pass to her estranged adult children under intestacy rules.

Marcus, her partner, would inherit nothing.

With her speech impaired and right hand weakened, Margaret worried she'd left it too late. The stroke had stolen her words, but it hadn't taken her capacity to make decisions. What she needed was a legally valid way to protect Marcus without waiting weeks for solicitor appointments she might not survive to attend.

Approximately 42.8% of deaths occur in hospital, and around half of UK adults die without a will. Many of these deaths follow sudden hospital admissions or occur in care facilities—moments when making a will feels urgent but legally uncertain.

This guide explains exactly how to make a legally valid will while in hospital or a care home, covering witness requirements, mental capacity assessments, what to do if you can't physically sign, and how quickly you can get legal protection in place.

Table of Contents

Can You Legally Make a Will in Hospital or a Care Home?

Yes, you can legally make a will while in hospital or a care home. The same legal requirements apply under Section 9 of the Wills Act 1837: your will must be in writing, signed by you (or at your direction), and witnessed by two independent adults.

Your location doesn't change these requirements or make your will less valid.

NHS guidance states that wills should only be made in hospital "if essential to do so because of the likely death, peace of mind or general welfare of the patient." This recognizes that while hospital will-making is legally permissible, it's typically reserved for situations where waiting isn't feasible.

Being in hospital or a care home doesn't invalidate your capacity to make legal decisions. In the landmark case Barrett v Bem, a testator made a valid will in hospital just three hours before death, with two nurses as witnesses. The court upheld the will's validity.

The distinction between making a new will and updating an existing will matters here. If you already have a will, you can create a codicil (amendment) or write an entirely new will that revokes previous versions. Both are equally valid when made in medical facilities.

As of March 2024, 185,460 people in England receive support in residential care homes and nursing homes. Many of these residents will need to create or update their wills. Your right to make these decisions isn't diminished by your living situation or health status.

David, 72, lived in a residential care home with early-stage dementia. When his financial circumstances changed significantly, he wanted to update his will from 15 years earlier. With solicitor support and a capacity assessment from his GP confirming he understood the nature and consequences of his decisions, David successfully updated his will. The care home setting didn't create any legal barriers.

Section 9 of the Wills Act 1837 sets out five requirements that apply whether you're making your will at home, in hospital, or in a care facility.

The will must be in writing. This means typed, handwritten, or printed documents are all acceptable. Oral or verbal wills are not valid in England and Wales except for military personnel on active service.

You must sign the will or acknowledge your signature. The signature must be made or acknowledged in the presence of two witnesses who are both present at the same time. Your signature demonstrates that you intend the document to be your will.

If you cannot sign, someone can sign on your behalf. Under Section 9(a), another person can sign in your presence and at your direction. The witnesses must understand that this person is signing at your request and that you intend the document to be your will.

Two independent witnesses must be present simultaneously. Both witnesses must be present when you sign or acknowledge your signature. They then sign the will in your presence, though not necessarily in each other's presence.

You must have testamentary capacity. This means you understand what a will is, know what property you own, comprehend who has claims on your estate, and are free from mental disorder affecting your judgment. This is assessed using the test from Banks v Goodfellow (1870).

You must make the will voluntarily. Your decision cannot be the result of undue influence or coercion from family members, care staff, or anyone else.

Sarah couldn't hold a pen after surgery, but she could make a mark with her left hand. She directed a nurse to help steady her hand while she made an "X" on her will, while two visitors witnessed the signing. The will included an attestation clause explaining the circumstances. This was legally valid because Sarah directed the process and the witnesses understood what was happening.

Here's how hospital and care home wills compare to standard wills:

Requirement Standard Will Hospital/Care Home Will Notes
In writing Yes Yes No oral wills
Testator signature Yes Yes (or directed signature) Can be mark if unable to write
Two witnesses Yes Yes Must be simultaneous
Witness independence Yes Yes Cannot benefit from will
Testamentary capacity Yes Yes May require medical assessment

The standards don't change based on where you make your will. A hospital ward and your dining room have identical legal requirements.

Who Can Witness Your Will in Hospital or a Care Home?

Any adult aged 18 or older who doesn't benefit from your will and isn't married to a beneficiary can witness your will. This applies whether you're in hospital, a care home, or anywhere else.

Hospital staff, including nurses and healthcare assistants, can legally witness your will. The case law in Barrett v Bem confirmed that nurses acting as witnesses doesn't invalidate a hospital will.

However, many medical professionals prefer not to witness wills due to professional concerns. They may worry about being called to testify about your capacity, face questions about undue influence, or violate Trust policies discouraging involvement in patients' legal affairs. If a nurse or healthcare assistant declines, it's not because witnessing would be illegal—it's a professional preference.

If testamentary capacity could be questioned later, having a GP or medical professional witness your will provides valuable evidence. Their professional assessment of your mental state at the time of signing can protect against future challenges. This is recommended, not legally required.

Family and friends can witness your will, but they cannot be beneficiaries or married to beneficiaries. Under Section 15 of the Wills Act 1837, if a beneficiary witnesses a will, their gift becomes "utterly null and void." The will remains valid, but that person receives nothing.

When Margaret made her will in hospital, her friend Emma and Emma's husband David acted as witnesses. Neither was named in the will, so their witnessing was completely valid. Emma had visited Margaret daily, making her readily available when the will was ready to sign.

Most solicitors who visit hospitals or care homes bring colleagues to act as witnesses. This solves the practical problem of finding suitable witnesses and creates a clear record of professional oversight.

Care home staff can witness your will under the same rules as hospital staff—they must not benefit from the will and must not be married to a beneficiary. However, many care homes have policies discouraging staff involvement in residents' legal documents to avoid conflicts of interest.

If care home staff decline to witness, ask the facility manager to suggest alternatives. Some care homes work with volunteer visitors or have relationships with local solicitors who can provide witnesses.

The hospital chaplain can witness your will if they're not a beneficiary. Religious leaders often visit patients and may be willing to help with this practical need.

What If You Can't Physically Sign Your Will?

If you cannot physically sign your will, Section 9 of the Wills Act 1837 provides accommodation. Someone can sign on your behalf, but strict requirements apply.

The signing must occur in your presence and at your explicit direction. You must verbally direct the person to sign, and the witnesses must understand this is happening at your request, not the signer's initiative.

You must be present throughout the signing process. "In your presence" means you can see the person signing or, if vision is impaired, you're aware through other senses that the signing is taking place.

The witnesses must understand what's happening. They need to know that the person is signing at your direction and that you intend the document to be your will. This understanding is crucial to validity.

The attestation clause should record the circumstances. A standard attestation clause says the testator signed in the witnesses' presence. When someone signs on your behalf, the clause should state: "Signed by [name] at the direction of the testator and in the testator's presence."

If you can make any mark—even an "X" or a thumbprint—this counts as your signature. The law doesn't require legible writing, just a mark you make intending it to represent your signature.

If you've already signed before witnesses arrive, you can acknowledge your signature in their presence. Hold up the document and state that the signature is yours and you intend it to be your will. The witnesses then sign.

James suffered a stroke that caused right-side paralysis. He couldn't write his usual signature, but he could grip a pen with his left hand. With help steadying the paper, James made an "X" mark at the signature line. His son and a nurse witnessed this. The attestation clause noted: "The testator made his mark in the presence of the undersigned witnesses." This was legally valid.

Patricia had motor neurone disease and couldn't hold a pen at all. She directed a hospice nurse to sign on her behalf while her GP and the hospital chaplain witnessed. The GP's presence was particularly valuable because it provided professional evidence of Patricia's mental capacity and voluntary direction.

Common conditions requiring alternative signing methods include stroke, Parkinson's disease, motor neurone disease, severe arthritis, and temporary weakness from medication or surgery. The law recognizes these realities and provides flexibility while maintaining safeguards.

Mental Capacity: Understanding Testamentary Capacity in Medical Settings

Testamentary capacity is your legal ability to make a valid will. It's assessed using the test from Banks v Goodfellow (1870), which has four requirements.

You must understand the nature of making a will. This means knowing that you're creating a legal document that will distribute your property after your death.

You must know the extent of your property. You don't need to recall every specific asset or its exact value, but you should understand the general nature and extent of what you own.

You must understand the claims of potential beneficiaries. This includes comprehending who might reasonably expect to inherit from you—your spouse, children, other family members—and the effect of excluding any of them.

You must be free from mental disorder affecting your judgment. If you have dementia, mental illness, or cognitive impairment, it cannot be preventing you from making rational decisions about your estate.

The Mental Capacity Act 2005 does not govern wills. Testamentary capacity remains governed by the common law test from Banks v Goodfellow. This is important because the Mental Capacity Act uses different standards for other decisions.

Capacity is presumed. The starting point is that you have capacity unless someone proves otherwise. The burden of proof is on the person challenging your capacity, not on you to prove you have it.

However, in hospital and care home settings, obtaining a medical capacity assessment is strongly recommended when certain factors are present:

  • Dementia, Alzheimer's disease, or other cognitive impairment
  • Medication affecting judgment, including strong painkillers, sedatives, or effects of anesthesia
  • Recent stroke or brain injury
  • Delirium or confusion
  • Suspected pressure from family members

A GP, psychiatrist, geriatrician, or psychologist can assess testamentary capacity. The assessment typically involves questions about what a will does, what property you own, who your family members are, and whether you understand the consequences of your decisions.

The "golden rule" in estate planning is this: if capacity is doubtful, have a medical professional witness the will and document their capacity assessment. This doesn't mean you lack capacity—it protects your will from future challenges.

Ronald, 80, lived in a care home with early-stage dementia. His GP completed a testamentary capacity assessment form, asking Ronald questions about his property, his family, and what a will does. Ronald answered clearly, demonstrating he understood despite his dementia diagnosis. The GP witnessed the will signing, and this documentation prevented challenges from family members who disagreed with Ronald's decisions.

Up to 75% of UK care home residents may lack mental capacity for certain decisions, but capacity is decision-specific and time-specific. You might lack capacity to manage complex financial affairs but retain capacity to make a will. The assessment must be done for this specific decision at this specific time.

A hospital patient recovering from anesthesia was advised to wait 24 hours before signing her will. The medication needed time to clear her system so her judgment was unimpaired. This wasn't insulting—it was protecting her will's validity.

Having a capacity assessment isn't an insult to your intelligence. It's protective. It creates evidence that your will reflects your true wishes, making it much harder for anyone to challenge later.

How Quickly Can You Get a Will Made in Hospital or a Care Home?

If you need a will urgently, several options exist with different timescales.

Emergency solicitor services operate specifically for hospital and hospice visits. Many firms offer 24-48 hour response times for urgent cases. You contact them, explain the situation, and they arrange a visit to your bedside.

Same-day services exist for critical situations. Some solicitors provide same-day hospital visits when prognosis is measured in days rather than weeks. These are more expensive but address genuine emergencies.

NHS support is available if you cannot contact a solicitor yourself. Hospital staff can help facilitate contact with legal services, though the NHS doesn't pay for the solicitor visit—you or your family cover that cost.

Online will services can be completed in 15 minutes if you can use a computer or tablet. If you're able to think clearly and use technology (possibly with assistance from a family member), this is the fastest option.

DIY handwritten wills are legally valid if they meet Section 9 requirements, though this carries risks if you're unfamiliar with legal language or miss crucial provisions.

Timeline factors affect how quickly you can complete a will:

Solicitor availability varies, especially on weekends and bank holidays. Urban areas typically have more emergency will services than rural locations.

Capacity assessment requirements add time if a medical professional needs to evaluate your understanding before you can proceed.

Witness availability can delay completion. You need two independent adults present simultaneously, which may require coordinating schedules.

Medical prognosis urgency determines whether you pursue same-day service or can wait 48-72 hours for standard emergency appointments.

Emily had terminal cancer. On Monday morning, her daughter contacted a solicitor explaining the urgency. The solicitor visited Wednesday morning, spent an hour discussing Emily's wishes, drafted the will, and returned Wednesday afternoon for signing with two colleague witnesses. Total time: 48 hours from first contact to executed will.

A care home resident requested a will update after a family estrangement. His daughter arranged a solicitor visit within three days. This wasn't an emergency—he was in stable health—but the process moved efficiently because the care home provided a private room and helped coordinate the timing.

A family faced a weekend emergency when their father's condition deteriorated suddenly on Saturday. They contacted an on-call solicitor service Saturday afternoon. The solicitor visited Sunday morning, completed the will consultation, and returned Sunday afternoon for execution. Cost was higher for weekend emergency service, but the family had the peace of mind of knowing their father's wishes were documented.

Approximately 42.8% of deaths occur in hospital, and many of these follow short admissions. The time pressure is real, but rushing without proper legal oversight can lead to invalid wills or missed provisions that create problems later.

Balance urgency with legal precision. A will completed properly in 48 hours is infinitely better than one rushed in 2 hours with execution errors.

Should You Use a Solicitor or Online Will Service in This Situation?

The right choice depends on your specific circumstances. Here's a decision framework.

You need a solicitor hospital or care home visit when:

  • Mental capacity is questionable or fluctuating day to day
  • Your estate is complex with multiple properties, business interests, or trusts
  • Potential for family disputes or will challenges exists
  • You're unable to use technology due to physical or cognitive limitations
  • Vulnerable circumstances raise concerns about undue influence
  • Significant inheritance tax planning is required

An online will service like WUHLD works when:

  • Your estate is straightforward—main residence, savings, clear beneficiaries
  • Mental capacity is clear and unquestioned
  • You can use a computer or tablet, possibly with assistance
  • Time is extremely limited and solicitor appointments aren't feasible quickly
  • You want to preview the complete will before finalizing

A hybrid approach can work well: complete an online will quickly to have something in place immediately, then arrange solicitor review when health stabilizes or time allows.

Cost differences are significant:

  • Solicitor hospital visit: £650-£1,200+ (emergency fees often higher, weekend premium rates apply)
  • Online will service (WUHLD): £99.99, completed in 15 minutes
  • DIY handwritten will: Free but carries high risk of legal errors

Sarah was terminally ill with weeks to live. She used WUHLD to create her will in 15 minutes from her hospital bed with her daughter's help using a tablet. This gave immediate peace of mind. Two weeks later, when her condition temporarily stabilized, she had a solicitor review the will. The solicitor confirmed it was legally sound but suggested minor tax planning additions. Sarah updated through WUHLD again. Total cost: £99.99 for the will plus £200 for the solicitor review consultation.

Ronald lived in a care home with dementia diagnosis. His situation required a solicitor visit with GP capacity assessment. The combined cost was £950, but this professional oversight protected against potential challenges from family members who disagreed with his decisions.

What not to assume: Online wills aren't somehow "less valid" for hospital situations. If you meet the legal requirements of Section 9 of the Wills Act 1837, your will is valid regardless of how you created it.

What to recognize: If mental capacity could be questioned, professional legal help provides important protection through documentation and professional witnessing. This isn't about legal validity—it's about preventing future challenges.

For straightforward estates with clear mental capacity, online wills are legally equivalent to solicitor-drafted wills at a fraction of the cost and time investment.

Special Considerations for Care Home Residents

Care home residents face unique considerations when making or updating wills.

Capacity fluctuation is common with dementia and cognitive decline. You may have "good days" when you're clear-thinking and "bad days" when you're confused. Testamentary capacity is assessed on the day you make the will, so timing matters. Schedule will discussions for times of day when you're typically most alert.

Deprivation of Liberty Safeguards (DoLS) don't automatically mean you lack testamentary capacity. DoLS are used for safety decisions—preventing someone from leaving the facility unsupervised, for example. Being subject to DoLS doesn't mean you cannot make decisions about your will. Capacity is decision-specific.

Privacy concerns require attention. Discussing your will in a shared lounge or with care staff present may raise later questions about undue influence. Arrange a private room for discussions with solicitors or family members about your will.

Care home policies sometimes discourage resident involvement in legal documents without family present, or restrict when solicitors can visit. These policies aren't legally binding—you have the right to make a will—but they create practical barriers. If staff are uncooperative, have your family or solicitor speak with the facility manager about your legal rights.

Family involvement requires careful balance. Supportive family members can help you articulate your wishes and remember details about assets. However, heavy family pressure about who should inherit raises concerns about undue influence. If you feel pressured, speak privately with a solicitor or ask care home staff for independent support.

Regular review is encouraged as circumstances change. Your health, family situations, and asset values may shift significantly while you're in residential care. Updating your will every few years or after major changes ensures it reflects your current wishes.

A care home resident with vascular dementia underwent capacity assessment showing she understood what a will does, who her family members were, and the consequences of her decisions. She retained testamentary capacity despite being subject to DoLS for safety purposes—wandering prevention. The DoLS related to physical safety judgments, not financial decision-making.

When Robert's family gathered in the care home lounge to discuss his will, a solicitor observed that several family members were talking over Robert and disagreeing about who should inherit. The solicitor stopped the meeting and arranged to meet with Robert privately the next day. In that one-on-one conversation, Robert expressed different wishes than what his family had been suggesting. The private meeting protected against undue influence.

As of March 2024, 185,460 people in England lived in residential care homes and nursing homes, with numbers increasing from 630,445 in April 2023 to 660,460 by March 2024. This growing population of care home residents all retain the legal right to make decisions about their estates.

Living in a care home doesn't mean losing legal autonomy. You retain your right to decide who inherits your property, who administers your estate, and how your wishes are carried out.

What Happens If You Die Before Completing Your Will?

If you die without a valid will, intestacy rules apply. Your estate is distributed according to statutory formulas, not your wishes.

Unmarried partners inherit nothing under intestacy. Margaret's opening scenario illustrates this: Marcus, her partner of 15 years, would receive nothing from her £340,000 estate. Everything would go to her children, even though she'd been estranged from them for years.

Children's inheritance goes to blood relatives, not to people you've chosen as guardians or who've been parental figures. Step-children you raised for decades have no legal claim under intestacy.

The statutory rules for England and Wales specify exactly who inherits:

If you're married or in a civil partnership with children, your spouse receives £322,000 plus personal items and half the remainder. Your children share the other half.

If you're married with no children, your spouse inherits everything.

If you have children but no spouse, your children inherit everything equally, held in trust if they're under 18.

If you have no spouse or children, your estate passes to parents, then siblings, then more distant relatives in a set order.

Here's what intestacy means for different family situations:

Family Situation What Happens Under Intestacy
Married/civil partnership with children Spouse gets £322,000 plus personal items plus half of remainder; children share other half
Married/civil partnership, no children Spouse inherits everything
Unmarried partner (cohabiting) Partner inherits NOTHING; estate goes to children or blood relatives
Children, no spouse Children inherit everything equally (held in trust if under 18)
No spouse, no children Parents, then siblings, then extended family in set order

Partial completion issues mean a will that's almost done is legally worthless. If you've signed but the witnesses haven't, it's invalid. If the witnesses have signed but you haven't, it's invalid. If only one witness signed, it's invalid.

Draft wills have no legal effect. Even if your solicitor has prepared a beautiful will and you've reviewed it, if you die before signing with two witnesses present, it's as if the document never existed. Intestacy rules apply.

Thomas died during a hospital stay before his solicitor could visit for will signing. His unmarried partner of 20 years inherited nothing from his £400,000 estate. Everything went to Thomas's siblings under intestacy rules, despite the partner having co-owned their home and contributed equally to their savings.

A care home resident signed her will but only one witness was present at the time. She planned to have the second witness sign the next day but died that night. The will was declared invalid because Section 9 requires two witnesses. Intestacy rules applied.

Around half of UK adults die without a will, and many have intended to make one but ran out of time. The difference between intestacy and even an imperfect will is enormous.

Even an imperfect will is better than no will. Legal challenges to wills are relatively rare—intestacy is certain if you have no will at all.

How to Make a Will in Hospital or Care Home: Step-by-Step Process

Follow this process to create a legally valid will while in hospital or a care facility.

Step 1: Assess Your Capacity and Urgency

Are you mentally clear about your wishes today? Can you explain who should inherit and why?

Is your medical prognosis urgent—measured in days or weeks—or more stable, giving you months or years?

Do you have fluctuating capacity requiring medical assessment? If some days are clearer than others, schedule for your best time.

Step 2: Choose Your Approach

For complex estates or capacity concerns, contact solicitors offering emergency services for hospital or care home visits.

For straightforward estates with clear capacity, use an online will service like WUHLD—completion takes 15 minutes.

For extreme urgency with no other options, a handwritten will following strict legal format can work, though this carries higher risk.

Step 3: Gather Essential Information

List full names and addresses of beneficiaries—everyone you want to inherit.

Identify executors by full name—the people who'll administer your will after your death.

Create a list of assets: property addresses, bank account names, investments, significant personal items.

If you have children under 18, choose guardians by full name and confirm they're willing to serve.

Step 4: Arrange Witnesses

Identify two independent adults aged 18 or older who don't benefit from your will and aren't married to beneficiaries.

Options include family friends who are visiting, hospital chaplains, care home volunteers (if not beneficiaries), or ask your family to bring two friends.

If using a solicitor, they'll bring witnesses, solving this problem.

Ensure both witnesses can be present simultaneously—this is a legal requirement.

Step 5: Sign and Execute the Will

Read the entire will carefully before signing. Make sure you understand and agree with every provision.

Sign (or have someone sign at your direction) in the presence of both witnesses.

Each witness then signs in your presence. They don't need to sign in each other's presence.

Include an attestation clause documenting the circumstances, especially if signing was unusual.

Step 6: Store the Will Safely

Give a copy to your executor so they know where to find the original.

Tell at least one family member where the original will is stored.

Consider registering with the National Will Register or arranging solicitor storage.

Inform hospital or care staff so this information appears in your medical notes.

James prepared a hospital checklist: He notified the medical team about his will signing appointment so they'd arrange a quiet time. He reserved a private room. He arranged for his family friend and neighbor to visit together as witnesses. He prepared an assets list from memory with his spouse's help using their joint bank statements. Within three hours, his will was complete.

Dorothy's daughter brought a solicitor to the care home. Dorothy's GP had provided a capacity assessment the previous day. Two care home volunteers who weren't beneficiaries acted as witnesses. The original will was stored with the solicitor, and copies went to Dorothy's executor (her daughter) and her son. The entire process took two hours across two days.

The process can take 1-3 hours for a solicitor visit, including discussion, drafting, and execution. An online will service takes 15-30 minutes if you have your information ready and can use technology.

Frequently Asked Questions

Q: Can I make a legally valid will while in hospital in the UK?

A: Yes, you can make a legally valid will in hospital in the UK. The will must meet the same legal requirements as any other will under Section 9 of the Wills Act 1837: it must be in writing, signed by you (or someone on your behalf in your presence), and witnessed by two independent witnesses who are present at the same time.

Q: Can hospital staff witness my will?

A: Yes, hospital staff such as nurses can witness your will, provided they don't benefit from the will and aren't married to a beneficiary. However, many medical professionals prefer not to witness wills due to professional concerns. If testamentary capacity could be questioned, it's advisable to have a GP or medical professional witness the will to provide evidence of your mental capacity.

Q: What happens if I'm too ill to sign my will in hospital?

A: If you're too unwell to sign your will yourself, someone else can sign it on your behalf under Section 9 of the Wills Act 1837. This must be done in your presence and at your direction, with two witnesses present. The witnesses must understand that the person is signing at your request and that you intend the document to be your will.

Q: Can care home residents make or update their wills?

A: Yes, care home residents can make or update their wills provided they have testamentary capacity. Up to 75% of UK care home residents may lack mental capacity for certain decisions, so a capacity assessment may be required. The test for testamentary capacity (from Banks v Goodfellow 1870) requires understanding the nature of making a will, the extent of your property, and the claims of potential beneficiaries.

Q: How quickly can I get a will made if I'm terminally ill?

A: If you're terminally ill and need a will urgently, solicitors can often arrange emergency or deathbed will appointments, visiting you in hospital or at home within 24-48 hours. Some solicitors offer same-day emergency services. Online will services like WUHLD can be completed in 15 minutes if you're able to use a computer or tablet with assistance.

Q: Do I need a solicitor to make a will in hospital?

A: No, you don't legally need a solicitor to make a will in hospital. However, given the circumstances—potential capacity questions, time pressure, emotional stress—professional legal help is strongly recommended if your estate is complex or capacity could be questioned. For straightforward estates with clear capacity, online will services are legally valid and much faster.

Q: What is testamentary capacity and how is it assessed in hospitals or care homes?

A: Testamentary capacity is your legal ability to make a valid will. It's assessed using the test from Banks v Goodfellow (1870): you must understand what a will is, know the extent of your property, understand the claims of potential beneficiaries, and be free from mental disorder affecting your judgment. In hospitals and care homes, medical professionals may be asked to provide capacity assessments, especially if dementia, medication, or illness could affect judgment.

Conclusion

Making a will in hospital or a care home is not only legally permitted—it's often essential for protecting your family when time is limited. The key takeaways are:

  • You can legally make or update a will in hospital or a care home as long as you meet Section 9 of the Wills Act 1837 requirements
  • Hospital staff and care home workers can witness your will if they don't benefit from it, though many prefer not to due to professional policies
  • If you cannot physically sign, someone can sign on your behalf in your presence and at your direction under Section 9
  • Testamentary capacity is presumed and assessed using the Banks v Goodfellow test; if there's any doubt, get a medical professional to witness and document your capacity
  • For straightforward estates with clear mental capacity, online will services offer legally valid protection in 15 minutes—much faster than waiting for solicitor appointments

Margaret's stroke showed her that tomorrow isn't guaranteed. But unlike the 50% of UK adults who'll die without a will, she didn't let uncertainty paralyze her. Within days of her hospital admission, she'd created a legally valid will protecting Marcus and giving herself the peace of mind to focus on recovery rather than fear.

Don't wait for a health crisis to make your will. Create your legally binding will today with WUHLD—it takes just 15 minutes online.

For £99.99 (vs £650+ for a solicitor), you'll get:

  • Your complete, legally binding will
  • A 12-page Testator Guide
  • A Witness Guide
  • A Complete Asset Inventory document

You can preview your entire will free before paying anything—no credit card required, no subscriptions, no hidden fees.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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