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Terminal Illness and Will Writing for Young People: What You Need to Know

· 29 min

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

Emma was 32 when she was diagnosed with stage 4 ovarian cancer. She had six months to live, a partner of five years (unmarried), and a three-year-old daughter. Emma kept meaning to write a will, but between chemotherapy appointments and trying to spend time with her daughter, she never got around to it.

She died eight weeks after her diagnosis.

Under UK intestacy laws, Emma's partner inherited nothing—despite living together for five years and raising a child together. Emma's £180,000 estate (her flat, savings, and pension) went entirely to her parents. Her partner had to fight in court just to stay in the home they'd shared, and their daughter's financial future was now dependent on Emma's parents' goodwill.

Approximately 248 young adults aged 15-24 die from cancer each year in the UK. If you're facing a terminal illness, you might feel like you don't have time to sort out a will.

The truth is: you don't have time not to.

This guide will show you exactly how to create a legally valid will—even from a hospital bed, even with limited energy, even if you only have days or weeks.

Table of Contents

Why Young Adults with Terminal Illness Need a Will Urgently

You're not being morbid or giving up by making a will. You're protecting the people you love.

When you're facing terminal illness as a young adult, the last thing you want to think about is death and inheritance. But here's the reality: only 40% of UK adults have a will, and that percentage is even lower for people under 40.

Young adults face unique urgency factors that older will-makers don't:

Unmarried partners have zero inheritance rights under intestacy. If you're not married or in a civil partnership, your partner—no matter how long you've been together—inherits nothing without a will.

Young children need guardians named or courts decide. If you don't specify who should raise your children, a judge will make that decision based on what they consider "best interests"—which may not align with your wishes.

Digital assets require specific bequests. Cryptocurrency, social media accounts, online businesses, and cloud-stored photos won't automatically pass to anyone without clear instructions.

Student loans and young-adult debt are handled differently. Unlike mortgages, UK student loans are written off when you die, but other debts must be paid from your estate first.

Marcus, 29, died from leukaemia with £45,000 in savings and a £15,000 car. His girlfriend of four years got nothing. His estranged father—whom he hadn't spoken to in 10 years—inherited everything. Marcus had been meaning to make a will for months, but kept putting it off because he felt too unwell to visit a solicitor.

A 15-minute online will would have changed everything.

Making a will isn't about accepting death—it's about controlling what you can when so much is out of your control.

What Happens If You Die Without a Will as a Young Adult

If you die without a valid will in the UK, intestacy rules determine who inherits your estate. These rules were designed for traditional married families with biological children—not for the reality of modern young adult lives.

The intestacy hierarchy in England and Wales follows this strict order:

  1. Spouse or civil partner
  2. Children (biological or legally adopted)
  3. Parents
  4. Siblings (full siblings, then half-siblings)
  5. Grandparents
  6. Aunts and uncles
  7. The Crown (if no relatives found)

Critically: unmarried partners, stepchildren, and chosen family have no inheritance rights whatsoever.

Here's how intestacy fails young adults specifically:

Unmarried couples: Your partner of 10 years gets nothing, even with joint children. The estate goes to your parents or siblings instead.

Stepchildren: Only biological or legally adopted children inherit. Stepchildren you've raised for years have no rights.

Chosen family: LGBTQ+ chosen family, close friends, and partners not in civil partnerships are completely excluded.

Estranged family: Parents you haven't spoken to in years, or siblings you're not close to, become your heirs.

Modern family structures: Blended families, second relationships, and non-traditional arrangements are ignored.

Priya, 26, and her girlfriend owned a flat together as tenants in common (50/50 ownership). When Priya died from brain cancer without a will, her 50% share went to her homophobic parents who immediately forced the sale of the flat. Her girlfriend lost her home during the worst period of her life.

A simple will leaving Priya's share to her girlfriend would have prevented this entirely.

If you are married or in a civil partnership and have children, your spouse receives personal belongings, the first £322,000 of your estate, plus half of anything above that threshold. Your children split the other half equally. If your estate is worth less than £322,000, your spouse inherits everything.

If you have no spouse but have children, they inherit everything equally when they turn 18.

If you have neither spouse nor children, your estate goes to your parents—then siblings—then more distant relatives.

Important: Scotland and Northern Ireland have slightly different intestacy rules. Scottish intestacy gives different rights to spouses and children, while Northern Ireland's rules are similar to England and Wales but with different thresholds. If you live in Scotland or Northern Ireland, check the specific rules for your jurisdiction.

Intestacy rules were written for traditional married families with biological children. If your life doesn't fit that mould, intestacy will fail you and the people you love.

Can You Make a Will If You're Terminally Ill?

Yes, absolutely. Terminal illness does not disqualify you from making a will.

The legal concern isn't your illness—it's whether you have "testamentary capacity" at the moment you sign. This means understanding what you're doing and making informed decisions.

The test for testamentary capacity comes from the 1870 case Banks v Goodfellow, which established that you must:

  1. Understand you're making a will and its effects: You know that this document will determine who gets your property after you die.

  2. Understand the extent of your property: You're aware of what you own—your home, savings, personal belongings. You don't need to know exact values, but you should have a general understanding.

  3. Understand who might reasonably expect to inherit: You can identify your close family, partner, and others who might expect to benefit from your estate.

  4. Be free from delusions that affect your will's provisions: You're not making decisions based on false beliefs or being unduly influenced by others.

Being on morphine or strong painkillers does not automatically mean you lack capacity. Many people on significant medication retain full decision-making ability. Capacity is assessed at the specific moment of signing—not based on your overall health.

You can make your will during a lucid period between treatments. If there's any doubt about capacity, your doctor can provide a formal assessment that documents your understanding.

If you genuinely lack capacity: The Court of Protection can authorize a "statutory will" on your behalf. A family member or friend applies to the court, which decides the will's contents based on your likely wishes. However, this process takes months—it's not viable if time is extremely limited.

For terminal illness cases, solicitors follow "The Golden Rule": they should obtain a medical opinion on your capacity, ideally have a doctor present at signing, and keep detailed notes of your understanding. This protects your will against later challenges from disappointed relatives.

David, 38, with a brain tumour, made his will during a good week between chemotherapy cycles. His oncologist provided a written capacity assessment confirming David understood exactly what he was doing. When David's brother tried to challenge the will six months after David's death, the medical evidence protected it. The will stood, and David's wishes were honoured.

If you can understand what you're reading right now, you almost certainly have capacity to make a will.

How to Make a Will Quickly When You Have Limited Time

When time is limited, you need the fastest option that still creates a legally valid will. You have three main choices.

Option 1: Emergency Solicitor Services (24-48 Hours)

Many solicitors offer urgent will services specifically for terminal illness situations.

Typical process:

  • Phone consultation to take your instructions (30-60 minutes)
  • Solicitor drafts your will (same day or next day)
  • Solicitor visits you at home or in hospital for signing (within 48 hours)

Cost: £300-£800 depending on complexity and urgency

Pros:

  • Professional legal guidance throughout
  • Solicitor comes to your bedside
  • Solicitor arranges witnesses
  • Medical capacity assessment can be included
  • Ideal for complex estates or capacity concerns

Cons:

  • Expensive at a time when money may be tight
  • Requires energy for phone consultation
  • May still take 48 hours you might not have

Some firms offering emergency will services include IWC Probate Services (same-day emergency will kits from £75) and JMW Solicitors (48-hour service).

Option 2: Online Will Services (15 Minutes)

Online services let you complete your will immediately, then print and sign it with witnesses.

WUHLD process:

  1. Answer guided questions on your phone, tablet, or computer (15 minutes)
  2. Preview your complete will free before paying anything
  3. Pay £99.99 and download your documents
  4. Print and sign with two independent witnesses (can be same day)

Pros:

  • Fastest option—complete in 15 minutes
  • Most affordable at £99.99
  • Can preview everything free before committing
  • Works from your hospital bed if you have a device
  • Legally binding when properly signed and witnessed

Cons:

  • You need someone to help print if you're very unwell
  • You must arrange your own witnesses (though hospital staff, friends, or neighbours can witness)

Critical: Online wills are completely legally valid if properly executed. They're not "lesser" than solicitor wills—the law makes no distinction. What matters is that you meet the signing and witnessing requirements.

Option 3: DIY Handwritten Will (1-3 Hours)

You can write your will on any piece of paper in your own handwriting.

Legal requirements:

  • Must be in writing (handwritten or typed)
  • Must be signed by you
  • Must be witnessed by two independent people

Cost: Free

Pros:

  • No cost whatsoever
  • Can be done immediately

Cons:

  • High risk of mistakes that invalidate the will
  • Easy to miss legal requirements
  • No guidance on what to include
  • May be challenged more easily

Recommendation: Only use this option if you have a very simple estate (one beneficiary, no dependents, no property) and absolutely cannot access other options. For young adults with unmarried partners or children, the risk is too high.

Comparison: Which Option Is Right for You?

Choose emergency solicitor if:

  • Your estate is complex (multiple properties, business assets, overseas holdings)
  • You have serious capacity concerns and need medical documentation
  • You want professional hand-holding through every step
  • Cost is not a barrier

Choose online service (WUHLD) if:

  • You have a straightforward estate (one property or less, standard beneficiaries)
  • You're unmarried with a partner you need to protect
  • You have young children and need to name guardians
  • You want the fastest, most affordable option
  • You're comfortable answering questions online

Choose DIY only if:

  • Your situation is extremely simple (leaving everything to one person)
  • You have no dependents whatsoever
  • You have no other option available

For most young adults facing terminal illness—unmarried couples, parents with young children, people with standard assets—online services like WUHLD offer the best combination of speed, affordability, and legal validity.

What to Include in Your Will: Priorities for Young Adults

When time is limited, focus on what matters most. Here's what to prioritize in your will.

Priority 1: Guardians for Children Under 18 (Absolute Must)

If you don't name guardians in your will, a family court judge decides who raises your children. They'll consider "best interests," but they won't know your wishes.

How to choose guardians:

  • Consider shared values and parenting philosophy
  • Think about financial stability and lifestyle
  • Consider location (would your children have to move?)
  • Assess age, health, and energy levels
  • Think about existing relationships with your children

Critical: Talk to your chosen guardians first. Don't surprise them with this responsibility. Make sure they're willing and able.

Name alternates: If your first choice can't serve (illness, death, changed circumstances), you need a backup plan.

Example language: "I appoint Sarah Mitchell of 45 Oak Road, Bristol BS1 2AB as guardian of my children, James Wright (aged 5) and Lucy Wright (aged 3). If Sarah Mitchell is unable or unwilling to serve, I appoint my brother David Wright of 12 Park Lane, Manchester M1 3CD as alternate guardian."

Priority 2: Protecting Your Unmarried Partner

If you're not married, your will is the only way to protect your partner financially.

What to leave them:

  • Percentage of your total estate (e.g., "75% of my estate to my partner")
  • Your share of jointly-owned property (if you own as tenants in common)
  • Right to live in your property for a specified time
  • Personal belongings with sentimental value
  • Funds to support any shared children

Liam, 31, left his entire £95,000 estate to his partner of seven years. His family contested the will, arguing they should inherit. But the will was clear and properly executed. Liam's partner received everything, which allowed her to stay in their flat and raise their son with financial security.

Without that will, she would have received nothing—Liam's estate would have gone to his parents.

Priority 3: Bequests to Children or Family

Specify who gets what, either as percentages or specific amounts.

For minor children: Consider setting up a trust so the money is held until they reach 18 or 25. Appoint trustees (responsible adults who will manage the money).

Example: "I leave 25% of my estate to my daughter Emily Harris, to be held in trust until she reaches age 25. I appoint my sister Jane Harris and my friend Michael Scott as trustees."

Priority 4: Executors (Who Handles Your Estate)

Your executor collects your assets, pays debts, and distributes inheritance according to your will.

Choose someone:

  • Organized and responsible
  • Trustworthy with financial matters
  • Not too grief-stricken to function
  • Willing to take on the role

You can name your partner plus a friend or family member as co-executors. Executors can also be beneficiaries—there's no conflict.

Priority 5: Digital Assets (Young Adult Specific)

Unlike older generations, young adults often have significant digital assets:

  • Cryptocurrency wallets: Provide access instructions so your assets aren't lost forever
  • Social media accounts: Specify whether to delete or memorialize (Facebook, Instagram, etc.)
  • Online businesses: Domain names, e-commerce sites, intellectual property
  • Cloud storage: Photos, videos, documents stored in Google Drive, Dropbox, iCloud
  • Gaming accounts: Accounts with monetary value or sentimental importance

Be specific: "I leave my cryptocurrency holdings (wallet address: [address]) to my partner Alex Chen. Access instructions are stored in my password manager."

Priority 6: Specific Gifts

Sentimental items often matter more than monetary value:

  • Jewelry, instruments, collections
  • Pets (name who should care for them, and provide funds for their care)
  • Family heirlooms

Priority 7: Funeral Wishes (Optional but Comforting)

While not legally binding, funeral wishes guide your family:

  • Burial or cremation preference
  • Specific music, readings, or requests
  • People you don't want involved

What You Can Skip If Time Is Limited

  • Detailed asset inventories (your executor will locate assets)
  • Complex trust structures (simple percentage splits work fine)
  • Tax planning (most young adult estates are under the £325,000 inheritance tax threshold)

Focus on guardians, protecting your partner, and distributing your assets. Everything else is secondary.

Protecting Your Unmarried Partner Through Your Will

3.6 million couples in the UK are unmarried and cohabiting, yet "common law marriage" is a myth—it doesn't exist in UK law.

No matter how long you've lived together, no matter if you have children together, no matter if you own property together—your unmarried partner has zero automatic inheritance rights.

What Happens Without a Will

Even if you:

  • Lived together for 20 years
  • Have three children together
  • Own your home together as tenants in common
  • Your partner is financially dependent on you

They inherit nothing under intestacy laws.

Your estate goes to your parents, siblings, or other blood relatives instead.

What Your Partner Can Do Without a Will (Limited Options)

  1. Joint property as beneficial joint tenants: If you own property as "beneficial joint tenants" (not tenants in common), your partner automatically inherits that property only. They don't inherit any other assets—savings, pensions, personal belongings all go to blood relatives.

  2. Inheritance Act claim: Your partner can apply to court for "reasonable financial provision" under the Inheritance (Provision for Family and Dependants) Act 1975. But they must prove:

    • Financial dependency, OR
    • Cohabitation for at least 2 years before your death

    This means expensive legal battles during grief, with uncertain outcomes. It can take years and cost tens of thousands in legal fees.

  3. That's it. There are no other options.

How to Protect Your Partner in Your Will

Option 1: Leave Your Entire Estate to Your Partner

The simplest approach if you have no children, or your children are shared with your partner.

Example: "I leave my entire estate to my partner, Jordan Taylor of 78 High Street, London SE1 4XY."

Option 2: Split Between Partner and Children

If you have children from a previous relationship, or you want to provide for both.

Example: "I leave 60% of my estate to my partner Jordan Taylor and 40% to my children from my previous marriage, Emma Collins (aged 12) and Ryan Collins (aged 9), in equal shares."

Option 3: Life Interest Trust

Your partner can live in your property for life (or until remarriage), then it passes to your children. This is complex and requires solicitor help.

Real-Life Consequence

Chloe, 27, and Ben, 29, bought a flat together as tenants in common (50/50 ownership). When Chloe died of leukaemia without a will, her 50% share went to her mother under intestacy rules.

Chloe's mother demanded the flat be sold immediately. Ben lost his home six months after losing his partner—during the worst period of his life.

A will leaving Chloe's 50% share to Ben would have cost £99.99 and taken 15 minutes. It would have prevented everything.

If your partner is the person you chose to build a life with, your will should reflect that choice. The law won't protect them—you have to.

To create a legally valid will in England and Wales, you must meet these requirements:

1. Age Requirement

You must be 18 or older (in Scotland, you can make a will at age 12, though this is rare).

2. Written Form

Your will must be in writing—typed or handwritten on any paper. Verbal wills are not valid (except for military personnel on active service).

3. Your Signature

You must sign your will, or if you're physically unable, someone can sign on your behalf in your presence and at your direction.

4. Two Independent Witnesses

Two witnesses over 18 must:

  • Watch you sign (or acknowledge your existing signature in their presence)
  • Sign the will themselves in your presence
  • Write their full names and addresses

Critical witness rules:

❌ Cannot witness your will:

  • Anyone who inherits from your will (beneficiaries)
  • Spouses or civil partners of beneficiaries
  • Anyone under 18

✅ Can witness your will:

  • Hospital staff (nurses, doctors, administrative staff)
  • Friends who don't inherit anything
  • Neighbours
  • Colleagues
  • Your solicitor or their staff
  • Executors (as long as they're not also beneficiaries)

If a beneficiary witnesses your will, they don't invalidate the entire will—but their inheritance becomes void. Don't risk it.

Why Wills Made During Terminal Illness Get Challenged

Family members sometimes challenge wills made close to death, claiming:

  1. Lack of testamentary capacity: You didn't understand what you were doing
  2. Undue influence: Someone pressured you to change your will
  3. Improper execution: Witnessing requirements weren't met
  4. Fraud or forgery: Your signature isn't genuine

How to Protect Your Will Against Challenges

Get a capacity assessment: Ask your doctor to document in writing that you understand what a will is, what assets you have, and who you're providing for. This medical evidence is powerful protection against capacity challenges.

Choose independent witnesses: Use hospital staff, friends, or neighbours—not family members or people with any interest in your estate.

Keep notes: Write down why you're making specific choices, especially if you're not leaving everything to your closest blood relatives. "I'm leaving my estate to my partner Alex rather than my parents because Alex and I have built a life together and have a child together."

Involve a solicitor if possible: Professional oversight creates a paper trail that makes challenges much harder.

Consider video recording: While not required, a video of you discussing your will and confirming your wishes can support your case if challenged. You must still meet all written and witnessing requirements.

Hospital and Bedside Wills

Wills signed in hospital or at home while seriously ill are completely legal if they meet the standard requirements.

Grace, 24, signed her will in hospital three days before she died from complications of cystic fibrosis. Two nurses witnessed her signature. Her family tried to claim she was too medicated to understand what she was doing, but her consultant had documented her capacity that same morning. The will stood, and Grace's wishes were honoured—her partner inherited their shared home.

Scotland and Northern Ireland Differences

Scotland: Only one witness required (must be over 16) Northern Ireland: Similar to England and Wales (two witnesses over 18, same restrictions)

If you're unsure which jurisdiction applies, consult a solicitor or use online guidance specific to your location.

What Happens to Your Debts and Student Loans When You Die

Young adults facing terminal illness often worry about leaving debt to their families. Here's what actually happens.

Good News: Student Loans Are Written Off

UK student loans are automatically cancelled when you die. This applies to:

  • Plan 1, Plan 2, Plan 4, and Plan 5 student loans (England, Wales, Scotland, Northern Ireland)
  • Postgraduate loans
  • All student loan types

Your family, your partner, and your estate do not inherit student loan debt. It disappears completely.

The Student Loans Company requires notification with your death certificate and Customer Reference Number, but the loan is written off—not paid from your estate.

Other Debts Must Be Paid From Your Estate

Unlike student loans, other debts are paid from your estate before any inheritance is distributed.

Order of payment:

  1. Funeral costs
  2. Estate administration costs (probate fees, executor expenses)
  3. Secured debts (mortgages—property may be sold to pay)
  4. Unsecured debts (credit cards, personal loans, car finance)
  5. Beneficiaries receive what's left

Types of Debt

Credit cards: Paid from your estate, then written off. Your family is not personally liable (unless they're a joint account holder).

Personal loans: Same as credit cards—paid from estate, then written off.

Car finance or PCP agreements: The car may be returned to the finance company, or the debt paid from your estate if someone wants to keep it.

Mortgages:

  • Joint mortgage: The surviving co-owner remains fully liable (unless you have mortgage life insurance)
  • Sole mortgage: Your property may be sold to pay the mortgage, or inherited "subject to mortgage" (beneficiary takes on the debt)

Guarantor loans: If someone guaranteed your loan, they become liable for the debt—they already agreed to this when they signed.

What If Debts Exceed Assets? (Insolvent Estate)

If your debts are greater than your assets, your estate is "insolvent."

Creditors are paid in priority order until the money runs out. Beneficiaries inherit nothing.

Crucially: Beneficiaries do not inherit your debt. If the estate has £20,000 in assets but £35,000 in debts, creditors get paid £20,000 total (in priority order), and beneficiaries receive nothing. The remaining £15,000 debt is written off—it does not pass to your family.

Exception: Joint debts (joint credit cards, joint loans) remain the responsibility of the joint account holder.

Protecting Beneficiaries From Debt

Life insurance: A life insurance policy can pay off debts or provide for beneficiaries. Consider this if you have significant debt and dependents.

Mortgage life insurance: Specifically pays off your mortgage on death, protecting the property for beneficiaries.

Critical illness cover: Some policies pay out on terminal diagnosis (not just death), giving you funds to pay debts or support your family while you're still alive.

Real-Life Example

Mia, 30, died with £12,000 in credit card debt and a £25,000 car on finance. Her estate consisted of £60,000 in savings and pension.

After paying funeral costs (£4,000), credit card debt (£12,000), and car finance (£25,000), her partner Ben inherited £19,000.

If Mia's estate had been only £30,000, the credit card company would have received £12,000, the car finance company £18,000, and Ben would have received nothing. But Ben would not have inherited the debt—the remaining £7,000 owed to the car finance company would simply be written off.

Knowing your debts won't haunt your family can lift enormous weight. Student loans disappear entirely. Other debts are paid from your estate before inheritance—not passed on to the people you love.

Getting Support: Resources for Young Adults Facing Terminal Illness

You don't have to face this alone. Numerous UK charities and organizations offer practical support, legal guidance, and emotional help specifically for young adults with terminal illness.

Free and Low-Cost Will Services

Marie Curie Free Will Service:

  • Phone: 0300 1000 200
  • Partners with solicitors across the UK to provide free simple wills
  • Priority given to people with terminal illness
  • May take longer than commercial services (several weeks)

Macmillan Cancer Support Free Will Service:

  • Phone: 0800 808 00 00
  • Specifically for people affected by cancer
  • Simple wills covered free; complex situations may involve fees
  • Website: macmillan.org.uk

Young Lives vs Cancer + Farewill Partnership:

  • Free online wills for young people with cancer
  • Use code YOUNGLIVES at farewill.com
  • Faster than solicitor services

Citizens Advice:

  • Free, confidential guidance on wills, intestacy, and inheritance rights
  • Website: citizensadvice.org.uk
  • Local offices throughout the UK

Law Society Find a Solicitor:

  • Search for solicitors specializing in wills and probate
  • Filter by location and expertise
  • Website: lawsociety.org.uk

Terminal Illness Support for Young Adults

Marie Curie:

  • Terminal illness support, hospice care, practical guidance
  • Nurses available 24/7 for advice
  • Website: mariecurie.org.uk
  • Phone: 0800 090 2309

Macmillan Cancer Support:

  • Cancer-specific resources and financial advice
  • Benefits guidance and grants
  • Emotional support services
  • Website: macmillan.org.uk
  • Phone: 0808 808 00 00

Young Lives vs Cancer (formerly CLIC Sargent):

  • Support specifically for young people with cancer
  • Practical, financial, and emotional help
  • Website: younglivesvscancer.org.uk
  • Phone: 0300 303 0631

Sue Ryder:

  • End-of-life care and bereavement support
  • Hospice services
  • Website: sueryder.org
  • Phone: 0808 164 4572

Financial Guidance and Benefits

Money and Pensions Service:

  • Free, impartial financial guidance
  • Website: moneyhelper.org.uk
  • Phone: 0800 138 7777

Turn2Us:

  • Benefits calculator
  • Grants for people with terminal illness
  • Website: turn2us.org.uk
  • Grants helpline: 0808 802 2000

Emotional and Mental Health Support

Cruse Bereavement Support:

  • For your loved ones after you're gone
  • Grief counselling and practical guidance
  • Website: cruse.org.uk
  • Helpline: 0808 808 1677

Samaritans:

  • 24/7 emotional support for you and your loved ones
  • Confidential listening service
  • Phone: 116 123 (free, 24 hours)

Mind:

  • Mental health support during terminal illness
  • Information and local services
  • Website: mind.org.uk
  • Infoline: 0300 123 3393

For LGBTQ+ Individuals

Stonewall:

  • LGBTQ+ rights information
  • Guidance on protecting chosen family through wills
  • Website: stonewall.org.uk
  • Information line: 0800 050 2020

Switchboard LGBT+ Helpline:

  • Emotional support for LGBTQ+ individuals
  • Website: switchboard.lgbt
  • Phone: 0300 330 0630 (10am-10pm daily)

If you're struggling to afford a will, contact these charities first. Many prioritize urgent cases and can fast-track requests for people with limited time.

Frequently Asked Questions

Q: Can I make a will if I'm terminally ill in hospital?

A: Yes, you can make a legally valid will in hospital. The will must be in writing, signed by you (or someone on your behalf if you're unable), and witnessed by two independent people over 18 who aren't beneficiaries. Many solicitors offer emergency will services and can visit you in hospital, typically completing the will within 24-48 hours.

Q: What happens to my partner if I die without a will?

A: If you're unmarried and die without a will, your partner inherits nothing under UK intestacy laws—even if you lived together for years or have children together. Your estate would go to your parents, siblings, or other blood relatives. This is why making a will is critical for unmarried couples facing terminal illness.

Q: Do I have testamentary capacity if I'm on strong medication for terminal illness?

A: Being on pain medication doesn't automatically mean you lack capacity. You must understand: what a will is, what assets you have, who might expect to inherit, and the effects of your decisions. A doctor can assess your capacity. If you lack capacity, a statutory will can be created through the Court of Protection.

Q: How quickly can I make a will if I have limited time?

A: Emergency will services can complete your will within 24-48 hours, with some offering same-day service. Online services like WUHLD take just 15 minutes to complete and can be printed, signed, and witnessed immediately. The key is having two independent witnesses available who can attend in person or at your bedside.

Q: What should I prioritize in my will if I have young children?

A: The two most urgent priorities are: naming guardians for your children (who will care for them) and establishing how your estate will support them financially. You should also consider setting up a trust so the money is protected until they're adults, and appointing trustees to manage it responsibly.

Q: Can my will be contested if I made it while terminally ill?

A: A will made during terminal illness can be contested if someone claims you lacked testamentary capacity, were under undue influence, or didn't understand what you were signing. To protect against this: have your capacity assessed by a doctor, ensure witnesses are independent (not family or beneficiaries), and consider having a solicitor present during signing.

Q: What happens to my student loans and debts when I die?

A: In the UK, most student loans are written off when you die—they don't pass to your family or estate. However, other debts (credit cards, personal loans, mortgages) must be paid from your estate before any inheritance is distributed. If your debts exceed your assets, beneficiaries don't inherit the debt, but they also won't receive anything.

Conclusion: You Still Have Time to Protect the People You Love

Emma's story didn't have to end with her partner losing everything. A 15-minute online will would have protected the family she chose, ensured her daughter's financial security, and given Emma peace of mind in her final weeks.

You still have time to protect the people you love.

Key takeaways:

  • Make your will now—terminal illness with limited time means you can't wait
  • If you're unmarried, your partner inherits nothing without a will—make this your top priority
  • You can make a will from hospital, even on strong medication, as long as you understand what you're doing
  • Online wills like WUHLD are legally valid and can be completed in 15 minutes—the fastest option for most young adults
  • Student loans are written off when you die; other debts are paid from your estate before inheritance
  • Name guardians for children, protect your partner, and specify who inherits—everything else is secondary

Create your will today—even if you only have days or weeks. With WUHLD, it takes just 15 minutes online and costs £99.99 (vs £650+ for a solicitor).

You'll get:

  • Your complete, legally binding will
  • A 12-page Testator Guide with step-by-step instructions for execution
  • A Witness Guide for your two witnesses
  • A Complete Asset Inventory document to help your executor

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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.

Sources:

All statistics verified November 2025.