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Terminal Illness Legal Documents Checklist: What You Need Now (UK)

· 18 min

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

When Emma, 52, received her stage 4 pancreatic cancer diagnosis, her oncologist gave her approximately 9 months. Within a week, she was consumed by a single question: "What happens to my husband and my 16-year-old son if I don't sort out my legal affairs?" Emma had no Will. She'd never appointed anyone to make medical decisions if chemotherapy affected her mental capacity. She didn't know that unmarried partners—like her partner of 14 years—inherit nothing under UK intestacy rules, regardless of their relationship length.

According to Marie Curie, one in four people in the UK dies without the care and support they need at the end of life. Many die without essential legal documents in place. The result? Families facing intestacy battles, Court of Protection applications costing thousands, and agonising medical decisions made by strangers rather than loved ones.

If you or someone you love has received a terminal diagnosis, this article provides an urgent, prioritised legal checklist. You'll learn exactly which documents you need, how to obtain them quickly, and what happens if you run out of time.

Table of Contents

Legal planning during terminal illness feels overwhelming, but creating essential legal documents is an act of love and protection for your family.

Without a Will, intestacy rules determine who inherits your estate. Unmarried partners receive nothing, regardless of relationship length.

Without a Lasting Power of Attorney, your family must apply to the Court of Protection—costing £371 plus £1,000–£3,000 in legal fees, taking 6–12 months. No one can legally access your accounts or make medical decisions during this time.

Without an Advance Decision or Health LPA, doctors make treatment decisions based on "best interests" under the Mental Capacity Act 2005, which may not align with your wishes.

These documents give you control over what happens when you can't speak for yourself.

1. Will (Last Will and Testament) Urgency: IMMEDIATE. Effective immediately upon signing. Prevents intestacy. Cost: £0–£99.99 (online) to £650+ (solicitor). Timeframe: Same day to 2 weeks.

2. Health and Welfare Lasting Power of Attorney Urgency: HIGH—start within 2 weeks. Appoints someone to make medical decisions when you lose capacity. Registration: 20 weeks. Cost: £92 (reducible to £46 or waived).

3. Property and Financial Affairs Lasting Power of Attorney Urgency: MEDIUM-HIGH. Allows attorney to manage finances and pay bills. Registration: 20 weeks. Cost: £92. Can be used immediately or when you lose capacity.

4. Advance Decision to Refuse Treatment (ADRT) Urgency: MEDIUM. Specifies refused medical treatments. Legally binding under Mental Capacity Act 2005. Free. Must be written, signed, and witnessed for life-sustaining treatment refusals.

Prioritisation: Make your Will first, then Health LPA. These address the most urgent risks.

Document 1: Your Will—The Single Most Urgent Priority

Your Will is effective immediately upon signing—no registration needed. It prevents intestacy and can be completed today.

What to include:

  • Executor: The person who will administer your estate
  • Guardians for children under 18: Who will care for your children
  • Specific bequests: Individual gifts to named people (e.g., "my wedding ring to my daughter")
  • Residuary estate: How the rest of your estate is divided
  • Funeral wishes: Non-binding guidance for your family

Testamentary capacity: Terminal illness does NOT automatically invalidate capacity. The legal test requires you to understand making a Will, know your estate, and consider beneficiaries.

The "Golden Rule" recommends medical capacity assessment for seriously ill testators, providing strong evidence if your Will is challenged. Capacity can fluctuate—make your Will during "lucid intervals" when you're clearest.

Making a Will in hospital or hospice: You can make a valid Will in hospital if you have capacity. Some facilities have visiting solicitors. Online Wills like WUHLD can be completed on a device, then printed and witnessed by hospital staff (as long as witnesses are independent).

Witnessing requirements: Two independent witnesses (18+) must watch you sign. Witnesses cannot be beneficiaries or married to beneficiaries (Wills Act 1837, Section 15).

If you have capacity—understanding what you're doing, knowing what you own, and considering beneficiaries—you can make a valid Will today.

Document 2: Health and Welfare Lasting Power of Attorney

A Health and Welfare LPA appoints attorneys to make health and care decisions when you lack capacity.

Governed by Mental Capacity Act 2005, it covers:

  • Medical treatment decisions (consent or refuse treatments, surgical procedures)
  • Care arrangements (nursing home, hospice, home care)
  • Daily routine (diet, dress, activities)
  • Life-sustaining treatment (only if you give this authority in Section 7)

Who to appoint: Choose someone you trust absolutely to make life-or-death decisions on your behalf. Common choices include:

  • Spouse or civil partner
  • Adult children
  • Trusted sibling or close friend

Your attorney must be 18+, have mental capacity, and not be bankrupt (for financial LPAs). You can appoint multiple attorneys to act:

  • Jointly: All must agree on every decision
  • Jointly and severally: Any attorney can act alone
  • Jointly for some decisions, severally for others: For example, jointly for major medical decisions, severally for routine care

The 20-week problem: OPG registration takes 20 weeks. LPA is invalid until registered. If your prognosis is shorter, Court of Protection can grant emergency orders in 24 hours—but requires legal representation.

Life-sustaining treatment authority: Tick Option A in Section 7 to give attorney authority over life-sustaining treatment. Include your preferences, though attorneys aren't bound by them.

How it works with ADRT: ADRT takes precedence for specific treatment refusals. LPA covers broader decisions. Best practice: make both.

Cost: £92 registration (reducible to £46 or waived if receiving benefits). Optional legal advice: £150–£300.

Key warning: You can only make an LPA while you have capacity. Once lost, your family faces Court of Protection applications costing £371 + £1,000–£3,000 and taking 6–12 months.

Document 3: Property and Financial Affairs Lasting Power of Attorney

A Property and Financial Affairs LPA allows attorneys to manage your finances when you can't.

It covers:

  • Managing bank and savings accounts
  • Paying bills, mortgage, rent
  • Collecting benefits and pensions
  • Selling property or assets
  • Managing investments
  • Making gifts (if you authorise this)

When it can be used: Immediately upon registration (with your permission) OR when you lose capacity. Useful if physical illness prevents you from managing finances yourself.

Why it's urgent: Terminal illness often affects your ability to manage finances long before it affects mental capacity. You may be:

  • Too fatigued from treatment to visit banks or handle paperwork
  • In hospital for extended periods without access to documents
  • Physically unable to sign cheques or authorise transactions
  • Focused entirely on treatment and family, unable to handle financial administration

Your attorney can manage these practical tasks while you focus on health and spending time with loved ones.

Restrictions and safeguards: You can restrict when LPA is used or require joint decisions for large transactions. You must appoint a certificate provider (solicitor, GP, or someone who's known you 2+ years).

Gifting authority: By default, attorneys can make customary gifts. For larger gifts (inheritance tax planning, etc.), specify authority in Section 7.

Registration timeline: Complete form, get signatures, 4-week notification period, then 20 weeks registration.

Key insight: If your prognosis is under 6 months, prioritise Will and Health LPA. If longer, submit both LPAs simultaneously.

Document 4: Advance Decision to Refuse Treatment (Living Will)

An ADRT is a written statement refusing specific medical treatments in specific circumstances. Legally binding under Mental Capacity Act 2005 Sections 24–26, healthcare professionals must follow valid ADRTs.

What you can refuse: You can refuse any medical treatment in specified circumstances:

  • Chemotherapy or radiotherapy
  • Surgery or invasive procedures
  • CPR (cardiopulmonary resuscitation)
  • Mechanical ventilation
  • Artificial nutrition or hydration
  • Antibiotics for specific infections
  • Dialysis

What you CANNOT do: Request specific treatments, refuse basic nursing care, request assisted dying, or refuse treatment under Mental Health Act detention.

Legal requirements: Must be written, signed, and dated. For life-sustaining treatment refusals: must be witnessed and include: "This advance decision is to apply to the specific treatment even if my life is at risk." Must specify treatments and circumstances clearly.

When ADRT is NOT valid: You've acted inconsistently with it, withdrawn it, circumstances differ from those anticipated, or you made a later LPA covering the same treatment.

How to create: No solicitor required. Use NHS or Compassion in Dying templates. Discuss with your medical team. Give copies to GP, attorney, family, and hospital.

Be specific about which treatments you refuse and in which circumstances to avoid challenges.

Supporting Documents: Accessing Fast-Track Benefits

If you have a prognosis of 12 months or less, you may be eligible for fast-track benefits under Special Rules—quicker processing, higher rates, no assessments.

The SR1 form: Medical evidence completed by your GP, consultant, hospice doctor, or specialist nurse confirming terminal diagnosis. No negative consequences if you live longer.

Benefits available:

  • Universal Credit: LCWRA element (extra £416.19/month from April 2025), no work requirements
  • Personal Independence Payment: Enhanced rate (£470/month), no assessment
  • Employment and Support Allowance: Support Group rate (£561/month)
  • Attendance Allowance: Higher rate (£470/month) for State Pension age+

How to apply: Ask your clinician for SR1 form. Apply for benefit mentioning "Special Rules" or "SR1." Submit SR1 with application.

Contact: England/Wales: 0800 169 0310. Scotland: 0800 182 2222.

What If I've Lost Mental Capacity? Options for Families

If capacity is lost before making LPA or Will, families face expensive, slow options.

Court of Protection deputyship: Court appoints a deputy to make decisions. Apply using COP1 form, pay £371 fee (plus £1,000–£3,000 solicitor fees). Takes 6–12 months. Deputy submits annual reports (£35/year supervision fee).

Emergency orders: For urgent decisions, Court can grant orders in 24 hours—but requires legal representation.

Statutory Wills: If person lacks testamentary capacity and has no Will, family can apply for Court to make one. Apply using COP1A form. Costs: £2,000–£5,000+. Timeframe: 6–12 months.

Making an LPA for £92 while you have capacity saves your family thousands and months of court processes.

Testamentary Capacity and Terminal Illness: Can You Still Make a Will?

Terminal illness does NOT automatically mean you lack capacity. Many terminally ill people retain full mental capacity.

The legal test: The test from Banks v Goodfellow (1870) requires you to:

  • Understand the nature and effect of making a Will
  • Know the extent of your property and estate
  • Comprehend and appreciate the claims of potential beneficiaries
  • Have no "disorder of the mind" affecting how you distribute your estate

The capacity threshold is deliberately low—lower than the threshold for managing finances or making complex medical decisions. Many terminally ill people retain testamentary capacity until very close to death.

Factors that may affect capacity: Pain medication (opioids, sedatives), brain metastases, delirium, severe depression, or extreme fatigue.

"Lucid intervals": Capacity can fluctuate. Time Will-making for clearer periods (e.g., mornings before fatigue).

The "Golden Rule": When a seriously ill person makes a Will, it should be witnessed or approved by a medical practitioner who assesses capacity. This provides strong evidence if challenged.

Capacity assessment questions: "Do you understand what a Will is?" "What property do you own?" "Who might expect to benefit?" "Why leave your estate this way?" "Are you under pressure?"

If there's doubt, ask your GP to assess capacity and document it.

Proper storage and communication are critical.

Will: Store original safely (fireproof safe, with executor, or with solicitor). Give copies to executor and family. Register location with National Will Register (£47.70). Don't use bank safe deposit boxes—executors can't access before probate.

LPAs: OPG keeps originals once registered. Give certified copies to attorneys, GP, and family.

ADRT: Keep original at home. Give copies to GP, attorney, family, and hospital. Consider carrying a wallet card.

Who should know: Tell executors, attorneys, GP, spouse, and family where documents are stored and how to access them.

"When I Die" folder: Create a folder with: Will copy (note where original is), LPA copies, ADRT copy, bank details, insurance policies, pension details, property deeds, debts, funeral plan, digital passwords, and key contacts.

Tell your executor where your Will is stored and how to access it.

Urgent Will-Writing Services and Free Support

Free Will-writing services:

Marie Curie: Free for anyone (prioritises palliative care patients). Online, phone, or bedside visits. 1–2 weeks (urgent requests faster). Contact: 0800 090 2309.

Macmillan: Free for cancer patients. Solicitor appointments. 1–2 weeks. England and Wales. Contact: 0800 804 8496.

Paid services:

WUHLD: £99.99, 15-minute completion, preview free before paying, legally binding when executed and witnessed.

Solicitors: £650–£1,200 for urgent bedside Will. 24–48 hours. Includes capacity assessment. Find a Solicitor.

When to use:

  • Free charity service: Palliative care, straightforward estate, can wait 1–2 weeks
  • Online (WUHLD): Urgent need, straightforward estate, comfortable online
  • Private solicitor: Complex estate, bedside visit needed, capacity concerns

Charity support: Citizens Advice, Age UK (0800 169 65 65), Marie Curie (0800 090 2309), Macmillan (0808 808 00 00), Compassion in Dying (020 7479 7730).

Frequently Asked Questions

Q: What legal documents do I need if I have a terminal illness in the UK?

A: The four essential legal documents are: (1) a valid Will to distribute your estate according to your wishes, (2) a Lasting Power of Attorney for Health and Welfare to appoint someone to make medical decisions if you lose capacity, (3) a Lasting Power of Attorney for Property and Financial Affairs to manage your finances, and (4) an Advance Decision to Refuse Treatment (ADRT) to specify which medical treatments you do not want. These documents ensure your wishes are followed and reduce burden on your family.

Q: How quickly can I make a Will if I'm terminally ill?

A: If you have testamentary capacity, you can make a Will immediately—even in hospital or a hospice. Marie Curie's free Will-writing service can usually accommodate urgent requests for those receiving palliative care. Online will services like WUHLD allow you to complete and preview your Will in 15 minutes, though you must still arrange proper witnessing. Solicitors can visit you at your bedside if necessary, though this typically costs £650 or more.

Q: Can I make a Lasting Power of Attorney if I'm already seriously ill?

A: Yes, but only while you still have mental capacity to understand what you're authorising. The challenge is that LPAs take approximately 20 weeks to register with the Office of the Public Guardian. If you need urgent decision-making authority, you or your family may need to apply to the Court of Protection for an emergency order, which can be granted in as little as 24 hours but requires legal advice and can be expensive.

Q: What happens if I die without a Will in the UK?

A: If you die without a valid Will, the intestacy rules determine who inherits your estate. Your spouse or civil partner receives the first £322,000 plus personal possessions and half of the remaining estate, with children receiving the other half. Unmarried partners inherit nothing under intestacy, regardless of how long you've been together. Your estate may go to relatives you don't know or wouldn't have chosen, and the process takes longer and costs more.

Q: Do I need a solicitor to make an Advance Decision to Refuse Treatment?

A: No, you do not need a solicitor to create an Advance Decision to Refuse Treatment (ADRT). However, if your ADRT refuses life-sustaining treatment, it must be in writing, signed, and witnessed. The witness must also sign. While you can use templates from the NHS or charities like Compassion in Dying, it's important that your ADRT is clear and specific about which treatments you refuse and in which circumstances.

Q: What is the SR1 form and do I need it for terminal illness benefits?

A: The SR1 form (which replaced the DS1500 form) is medical evidence completed by your GP, consultant, hospice doctor, or specialist nurse confirming you have a terminal illness with a prognosis of 12 months or less. This form allows you to access "Special Rules" benefits—faster processing, higher rates, and no medical assessment required. Benefits include Universal Credit, Employment and Support Allowance, Personal Independence Payment, and Attendance Allowance. Your clinician should complete this promptly upon request.

Q: Can I still make a Will if I'm on strong pain medication?

A: It depends on whether you retain testamentary capacity despite the medication. The legal test is whether you understand the nature of making a Will, know what you own, and can consider who should benefit. Pain medication and palliative drugs can affect cognition, so medical professionals may assess your capacity before witnessing your Will. If you have "lucid intervals" where your capacity is clearer, time your Will-making accordingly. If capacity is lost, a family member can apply for a statutory Will through the Court of Protection.

Q: What's the difference between a Living Will and a Lasting Power of Attorney?

A: A Living Will (formally called an Advance Decision to Refuse Treatment) specifies medical treatments you refuse in specific circumstances. It only comes into effect when you lack capacity and only covers treatment refusals—you cannot request specific treatments. A Health and Welfare Lasting Power of Attorney appoints a person to make healthcare decisions on your behalf when you lack capacity. Your attorney can make decisions you haven't anticipated, but they must consider your known wishes, including any Living Will you've made.

Q: How do I access fast-track benefits if I'm terminally ill?

A: Ask your GP, consultant, hospice doctor, or specialist nurse to complete an SR1 form (formerly DS1500) confirming you have 12 months or less to live. Then apply for benefits under the Special Rules process—mention "Special Rules" or "SR1" when applying. You'll receive a decision much faster (often within days), at a higher rate, without attending a medical assessment. In England and Wales, call the DWP helpline on 0800 169 0310. In Scotland, contact Social Security Scotland on 0800 182 2222.

Q: Should I tell my family about my legal documents or keep them private?

A: It's strongly recommended to tell your family where your legal documents are stored and who you've appointed as attorneys or executors. Keep original documents in a safe, accessible place and give copies to your attorneys, executors, and GP (for your ADRT). If no one knows about your Will or LPA when you lose capacity or die, they cannot be used. Many families face unnecessary stress trying to locate documents during a crisis. Share this information while you're able.

Need Help with Your Will?

If you're facing a terminal diagnosis, creating your Will now ensures your family knows your wishes and prevents intestacy complications when they're already grieving.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete will (legally binding when properly executed and witnessed) plus three expert guides. Preview your will free before paying anything—no credit card required.

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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