Deathbed Wills. They are an extremely emotive topic. But are they actually legal? Laura Richardson looks to answer the question now . . .

With two-thirds of UK adults being without a valid Will, it is no surprise that some people will be forced to consider writing their Will on their death bed. In simple terms, it is perfectly legal to write your dying Wills on your death bed providing that it meets the following criteria:

In order to be valid under UK law the Will must be:

  • in writing
  • signed by you and witnessed by two people
  • made freely by you, with no pressure from a third party

Finally, you must be of the necessary mental capacity to make the Will and understand the implications of your Will.

In some circumstances, it may be advisable to obtain a medical certificate to state that you have sufficient mental capacity and awareness for individuals to be able to write deathbed Wills. This is especially important if you have early-onset dementia, or if you are on medication that could be argued to impair your judgement such as strong painkillers administered by health professionals to facilitate your end of life care. By providing a medical certificate alongside your Will, you are protecting your Will from being contested after you die on the grounds that you lacked mental capacity or did not have full knowledge or awareness of the contents in the case of deathbed Wills. Even if a claimant is not successful in contesting your Will, it can put your loved ones under a great deal of stress and worry about what would already be an upsetting time. For these reasons obtaining an appropriate medical certificate will give you peace of mind that your loved ones will be protected from any further upset and that your wishes will be adhered to once you are gone.

Even when death is expected, the contents of deathbed Wills can cause shock or confusion, and writing deathbed Wills means it may not be possible to discuss the contents of your Will with your loved ones. You may, therefore, like to consider including some form of a letter to your loved ones within your Will documentation to explain your reasons for certain bequests, or simply to comfort them going forward.

As specialists in the field of Will writing, Andrew Douglas Wills & Legal Services are proud to offer an expert service in a professional yet comforting manner that comes from years of experience in dealing with the delicate matters that can arise when it comes to end-of-life legal services and the provision of deathbed Wills. Therefore, for a no-obligation, confidential discussion regarding your wishes, call Andrew Douglas Wills & Legal Services today. In response to the Covid-19 pandemic we are offering a fully remote Will writing service; ask about our ‘Wills through a window’ service for more information.

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