Making a Will when you are living with a terminal illness is an important step to make sure your wishes are legally documented. A Will lets you decide what happens to your money, property and possessions when you die. You can also use a Will to decide who should look after any children under 18. Here, we'll talk about how to make a Will, and what happens if you do not have a Will.
What is a Will?
A Will legally documents your decisions about what happens to your money, property, and possessions when you die. If you have children under 18, you can also express your wishes for who will take care of them.
What happens if I do not have a Will?
If you have not made a Will or your Will is invalid after your death, your money, property and possessions will be shared out according to the law. This is called intestacy or the rules of intestacy.
This could mean that people you have not chosen might inherit your estate.
The law aims to protect a spouse, civil partner and any children, including any legally-adopted children. It does not protect unmarried partners or step-children.
The law also aims to protect biological family. But you might like to leave any money, property or possessions to people not biologically related to you, such as your friends or chosen family. If you would, it's important to consider making a Will.
Anyone who inherits your money, property or possessions under the intestacy rules may be expected to deal with your estate when you die.
If you do not have a Will, and you have no surviving relatives, your estate will go to the Crown. Your money, property and belongings will be dealt with by the Treasury Solicitor if you live in England or Wales.
In Scotland, The King's and Lord Treasurer's Remembrancer acts on behalf of the Crown. In Northern Ireland, the Crown Solicitor's Office acts on behalf of the Crown.
Getting started
Making a Will while living with a terminal illness can be challenging. Here are some things to keep in mind:
- Start your Will as soon as possible – this can take pressure off making decisions in the future.
- Keep your Will simple and clear – think about what matters most to you.
- Get support to make your Will – legal, professional and emotional support is available.
Be aware, there are differences in law depending on where you live. So, it can be helpful to find legal support from a place that is familiar with your nation's laws. For example, if you live in Scotland, it's helpful to get legal support from a professional who is familiar with Scottish law (see Options for writing a Will below).
You might also like to think about making a Power of Attorney alongside your Will, if you do not already have one in place. This is someone you appoint to help make decisions on your behalf, should you become unable to communicate your wishes.
Our trained team are available to provide emotional support for free over the phone, via webchat or email. Contact the free Marie Curie Support Line on 0800 090 2309 or email support@mariecurie.org.uk.
How to make a Will
These are the steps for making a Will:
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Work out the value of any money, property and possessions you have. These are called your estate. Include any debts or investments.
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Decide who you want to get something in your Will. These are known as the beneficiaries. For example, your family members, friends or charities.
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Decide what you want each person to receive. Your Will can be as flexible as you like. For example, you could leave a percentage of your estate, an exact amount of money, or a specific possession.
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Decide who you want to sort out your Will. These are known as the executors. It could be your family, friends, or a professional like a solicitor or accountant. You normally appoint at least two people to sort out your Will. This helps if one doesn't want to or can't sort it out when the time comes. Check that the people you name as executors are happy to take on this role.
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Write your Will and give a copy to your executors along with a list of your money, property, and possessions. You can also give a copy to your solicitor, bank or a company that stores Wills like the Probate Service. You must use certain wording to make the Will legal and valid.
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Review and update your Will every five years and whenever your circumstances change. If you want to make minor changes, you can make an official alteration to your existing Will using a document called a codicil. The codicil must be signed and witnessed in the same way as a Will. You may want to write an entirely new Will if you want to make big changes.
Marie Curie's free Will-writing service
Marie Curie has a free Will-writing service. It can help you make a simple Will with a solicitor, online or over the phone. Find out more information and sign up on our Free Wills page.
If you need to make a Will quickly, you can still use our free Will-writing service. Contact your local Legacy and In Memory Lead if you need help speeding up your Will-making process.
Are you accessing our services?
If you are living with a terminal illness and receiving care from Marie Curie or accessing any of our services, our Will-writing service can usually help with urgent requests. This service might be able to visit you at home or in hospital. Speak to your Marie Curie healthcare professional for more information. Or call the free Marie Curie Support Line on 0800 090 2309.
Can I make a Will in hospital or a hospice?
You must have mental capacity to make a Will. This is known as testamentary capacity. If you have testamentary capacity, you can update or create your Will while in hospital or a hospice and receiving medical care.
You might have access to legal services in the hospital or hospice who can help you. Ask your healthcare team what is available and if there are any guidelines. You might also be able to consult with a solicitor, or Will-writer remotely (see Options for writing a Will below).
If you are unable to physically sign the Will, you can ask someone to sign on your behalf. This could be someone you trust, or the solicitor making your Will.
Can I make a Will if I have dementia?
Making a Will while living with dementia can be a complicated and sensitive process. To make or update a Will, you need to have testamentary capacity. This means you still have the mental capacity to specifically make a Will. This includes understanding:
- the effect of the Will
- the extent of your estate
- the claims of those who might expect to benefit from it.
Not all people living with dementia lose their testamentary capacity. But it is a good idea to think about making or updating your Will as early as possible, before your condition progresses.
If you do not have testamentary capacity, you cannot make a Will. If the person you've asked to write your Will has any concerns about your testamentary capacity, they might ask a qualified professional to assess your capacity before they agree to help.
Making a Will for someone with dementia
If you have dementia and have lost testamentary capacity, someone close to you can apply to make a Will or make changes to your Will for you. This is called making a statutory Will.
They will need evidence that you cannot make the Will yourself. Applying to make a statutory Will costs a fee.
If you live in Scotland, contact the Sheriff Court for more information.
If you live in Northern Ireland, contact the Office of Care and Protection for more information.
Options for writing a Will
There are different options for writing your Will in a way that is legal and valid. We've outlined some options below.
Using a solicitor
A solicitor (sometimes called a lawyer) will make sure your Will contains the right information and is valid.
It can help to use a solicitor if your affairs are complicated. For example, if you:
- share a property with someone who is not your spouse or civil partner
- have an ex-spouse or children from a previous relationship who may make a claim on your estate.
Solicitors usually charge a fee to write or check a Will. Check the cost of their services before using one.
Using a Will-writing service
The cost of Will-writing services varies. You can ask legal firms for a quote. Make sure the company you use is either:
- regulated by the Solicitors Regulation Authority or
- belongs to the Institute of Professional Will Writers or
- belongs to the Society of Will Writers.
Many charities offer Will-writing services and sometimes these are free (see How to make a Will above). You may want to leave something to charity, but you should not feel pressured to.
You could also check if your trade union offers a free Will-writing service.
Writing a Will yourself
You can write your own Will, but you must use certain wording to make it legal and valid.
Use our Will writing checklist to help you get started.
You can ask a solicitor to help you write it or check that it's valid.
The Will must be signed by two independent adults, known as witnesses. They must see you sign your Will. Your witnesses cannot be the people you are leaving things to, or their spouses or civil partners.
Things to consider when making a Will
Here are some things you might want to consider when making your Will.
If someone is financially dependent on you
Even if you have a Will, other people might be able to make a claim on your money, property and possessions after you die.
In England, Wales and Northern Ireland, someone who is financially dependent on you may be able to apply for a share of your estate.
In Scotland, a spouse, civil partner and children under 18 have certain rights to your estate regardless of what your Will says.
If you own property or bank accounts with someone else
There are different rules in each nation if you own property or bank accounts with someone else.
Read information on what happens to jointly owned property and bank accounts:
If you have pets
Pets count as your possessions and part of your estate. You cannot leave them money or possessions in your Will, but you can provide for them in other ways.
You can leave your pet to someone in your Will. The person you leave them to will become your pet's guardian. Be clear about which pet will go to which person. For example, 'I'd like to leave my dog [dog's name] to my brother [brother's full name]'.
It might also be helpful to write down important information about your pets. This could include:
- the name of their vet
- details of any pet insurance
- what type of food they eat, and how often
- if they take any medications (include doses).
There are other options for providing for your pets, such as rehoming services. These are organisations that can find new homes for your pets, and look after them long-term. Some organisations have schemes where you can put plans into place for your pets ahead of time. This means they are already registered to be rehomed if you die.
Rehoming a pet when their owner has died
If you are looking for long-term care for a pet of someone who has died, you can access the same rehoming services listed below. These organisations can help find new, responsible homes for the person’s pet.
Rehoming cats, dogs and other pets when their owner has died can be emotional. But there are trained professionals who can help make sure they’re cared for. There are lots of options for dogs, cats and other pets to be rescued and rehomed when their owner has died.
Check the person’s important documents for any helpful information about their pets, such as any pet insurance, or details of their vet. This could help you or the rehoming service find a suitable new home for them.
If you’re unsure, reach out to the pet’s vet, a local pet adoption service, or one of the relevant animal rehoming services below.