Emergency and Deathbed Will Solicitors

Life can often throw it surprises. Sometimes these events require a will to be drafted for you or a loved one without delay. Writing an emergency will, also called a “deathbed will,” can be a stressful and emotional experience.

The Wills, Trusts and Probate team at Holden Smith Law are here to support you and your family by helping you to write your will and offer professional guidance throughout. Our team can be with you within 24 hours of your enquiry. Contact our team today by calling one of our offices or by completing our online enquiry form.

What are the requirements for an emergency will?

Emergency wills allow those with a terminal illness, in palliative care, or who have been in a serious accident, a chance to create a will. It gives them an opportunity to set out instructions on what they would like to happen to their estate before it is too late.

Because of the short turnaround time for these wills, they are, in principle, basic but require expert execution to implement.

To be eligible for an emergency will, you must meet the following legal requirements:

  • Be of sound mind or testamentary capacity.

  • Be over 18 years old.

  • Must be signed by two witnesses. They must not be named within the will (including spouse or civil partners) or the executor.

  • Be completed in writing.

If the writer of the will is unable to sign the document, they may nominate someone to sign it on their behalf.

What our clients say

Emergency Will Writers in Yorkshire

Our compassionate solicitors are ready to help you or a family member create an emergency will. Our team regularly visits those in need across the Yorkshire including Leeds, Huddersfield, Bradford and the surrounding areas giving you peace of mind.

We can help people in:

  • Hospital

  • Hospice

  • Care Home

  • Home

Our team typically try assist those in need of an emergency will on the same day as their enquiry. We are ready to help you or a loved swiftly finalise a will during difficult times.

Meet our team.

Frequently Asked Questions.

My family member does not have mental capacity to create a will?

If a loved one does not have a will and cannot make one, their estate will follow intestacy laws when they pass away.

Can I gift my assets to my friends and family instead?

Yes, you can gift your assets without using a will whilst in care. This is commonly referred to as a deathbed gift.

People often contest deathbed gifts, despite them being legal. They are often challenged because there is little proof that the gift is genuine.

The only way to verify it is through the word of both the person making the gift and the receiver. Providing that both parties are still alive. The seven-year rule for Inheritance Gifts (IHT) will also apply to any gifts made.

What are the potential issues with a deathbed will?

Because the will is urgent, if it is not drafted by a professional with the necessary experience, it may lead to issues such as a will dispute or contentious probate. Leaving your loved ones with complications down the line.

I am in the military and in need of a last-minute will. What can I do?

If you are a member of the armed forces, including the merchant navy. You may be eligible for a privileged will. Unlike other forms of wills, the Wills Act 1937 does not apply to privileged wills. However, this type of will is only available to those entering active service.

Why does an emergency will need to be completed in writing?

The Wills Act 1837 requires that all individuals in England and Wales write and sign their wills to make them valid. Failing to do so can lead to a challenge to the will's validity. This may place the estate under intestacy rules.

Contact Us.

Get in touch. 

If you or a family member needs an urgent will or legal advice, contact the wills, trusts and estate planning team at Holden Smith. Our emergency will solicitors in Yorkshire offer a 24-hour, same-day will-writing service. You can contact our team by calling one of our offices or by completing our online enquiry form.