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Hospital/Care Home Will Making

Also known as: Deathbed Will, Emergency Will, Urgent Will, Bedside Will

Definition

Hospital or care home will making is the process of creating or updating a legally valid will while you are a patient in a hospital, hospice, or resident in a care home.

You can absolutely make a valid will in these settings if you have mental capacity and follow proper legal procedures, though additional safeguards are strongly recommended to protect against future challenges.

What Does Hospital/Care Home Will Making Mean?

Hospital or care home will making occurs when someone creates or updates their will while they are a patient in a hospital, hospice, or resident in a care home facility. The same legal requirements apply under the Wills Act 1837—the will must be in writing, signed by you (the testator) in the presence of two independent witnesses who are both over 18, and those witnesses must sign in your presence. Many solicitors offer urgent or same-day will services that can visit hospitals and care homes, recognizing that serious illness often prompts people to create a will quickly to ensure their wishes are legally documented.

When making a will in hospital or a care home, the "golden rule" from the case of Kenward v Adams [1975] recommends that a medical practitioner should assess your testamentary capacity and document their findings. This is best practice rather than a legal requirement, but it's particularly important in these settings because illness, medication, pain, or conditions like delirium can affect mental capacity. The doctor or solicitor must confirm you understand what a will is, know the extent of your assets, recognize who should reasonably benefit, and are not suffering from any condition that distorts your judgment. Witnesses can be hospital staff or care home employees, provided they are independent (not beneficiaries or spouses of beneficiaries). The solicitor typically visits your bedside with appropriate witnesses, takes your instructions, drafts the will (often on the same day for urgent cases), and oversees the signing process to ensure all legal formalities are correctly followed.

Sarah, 68, was admitted to hospital with terminal cancer and had never made a will. Her solicitor arranged an urgent visit, bringing two independent witnesses. A doctor first assessed Sarah's testamentary capacity, confirming she understood she was making a will, knew her assets (her house worth £280,000 and savings of £40,000), and recognized her daughters Emma and Claire should benefit. The solicitor drafted the will based on Sarah's clear instructions, and Sarah signed it in the hospital room with both witnesses present. The contemporaneous capacity assessment created strong evidence that protected the will when Sarah died three weeks later.

Hospital and care home wills face higher scrutiny because of legitimate concerns about capacity and undue influence. A patient who is seriously ill may be in pain, on strong medication, experiencing delirium, or feeling pressured by family members to make certain provisions. This is why the golden rule exists—a contemporaneous medical capacity assessment creates strong evidence that you had the mental ability to make a valid will at the specific time you signed it. However, if you genuinely lack capacity (you cannot understand what a will is, don't know your assets, or cannot make rational decisions about beneficiaries), no will can be validly made, regardless of urgency. The key is balancing the time-sensitive nature of serious illness with the need for proper legal procedures—a will made too hastily without capacity assessment or with inappropriate witnesses may be challenged and potentially invalidated after your death, defeating the very purpose of making it.

Common Questions

"Can I make a valid will while in hospital or a care home?" Yes, you can make a valid will in hospital or a care home if you have testamentary capacity and follow the proper legal requirements. The will must be in writing, signed by you in the presence of two independent witnesses (both over 18), who must also sign in your presence. Many solicitors offer urgent bedside will services for people in hospitals and care homes.

"Do hospital staff need to witness my will?" No, hospital staff don't need to witness your will, though they may agree to act as witnesses if asked. The key requirement is that witnesses must be independent—they cannot be beneficiaries or spouses of beneficiaries. Many people arrange for a solicitor to visit the hospital with appropriate witnesses to ensure the will is properly executed.

"What is the 'golden rule' for making a will in hospital?" The "golden rule" is best-practice guidance stating that when someone elderly or seriously ill makes a will, a medical practitioner should assess their testamentary capacity and document their findings. While not a legal requirement, following this rule helps protect against future challenges to the will's validity by providing contemporaneous evidence of mental capacity.

Common Misconceptions

Myth: "You can't make a legal will if you're in hospital—you have to be at home or in a solicitor's office"

Reality: You can absolutely make a legally valid will in a hospital, hospice, or care home. The location doesn't affect validity—what matters is following the legal requirements: being of sound mind, signing the will in the presence of two independent witnesses, and having those witnesses sign in your presence. Many solicitors offer bedside will services specifically for people in hospitals and care homes.

Myth: "The 'golden rule' is a legal requirement, so my will is invalid without a doctor's capacity assessment"

Reality: The golden rule from Kenward v Adams [1975] is best-practice guidance for solicitors, not a legal requirement. A will can be perfectly valid without following the golden rule, provided the testator actually had testamentary capacity when they signed it. However, following the golden rule by obtaining a medical capacity assessment creates strong contemporaneous evidence that protects the will against future challenges.

  • Testamentary Capacity: The mental ability required to make a valid will, which is a critical concern in hospital and care home settings due to illness, medication, and vulnerability.
  • Testator: The person making the will, who in this context is a patient in a hospital or resident in a care home.
  • Executor: The person appointed in the will (including hospital and care home wills) to administer the estate after death.
  • Medical Capacity: A concept related to testamentary capacity—understanding the difference is crucial in hospital and care home contexts.
  • Codicil: An amendment to an existing will that may be more appropriate than creating an entirely new will in hospital, especially if changes are minor.

Need Help with Your Will?

Understanding hospital will-making highlights why creating your will now—while you're healthy—is far simpler and safer than waiting for a crisis. Making a will when you're well avoids the complications of capacity assessment, urgent solicitor visits, and potential challenges to validity.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete, legally binding will 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.