How quickly can I make an emergency will?

We understand that sometimes people encounter circumstances, such as a life-threatening illness, which mean they need to make a Will urgently. This is know as an urgent, emergency or death bed will. Whilst making a Will is extremely important, we understand that it can be very stressful in a situation like this.

We are here to support you in any way that we can to make a Will as quickly as possible to ensure that your wishes are carried and to give you peace of mind. Our team appreciate that when someone is very unwell, they may not be unable to visit our offices and therefore we are able to meet you at your home, hospital or care home.

We will ensure that you are treated as a priority and complete your emergency Will in a timely manner. We understand that you may have questions about making a Will before we come out to meet you. Therefore we have provided some answers to some frequently asked questions below:

What makes a Will valid?

In order for a Will to be valid it must be in writing and signed by you in the presence of two witnesses. The person making the Will must also be aged 18 or over, have made the Will voluntarily and be of sound mind.

You may be concerned that your family member or friend may be too unwell to sign the Will themselves and if this is the case, they can get somebody to sign on their behalf.

You may also be unsure whether your family member or friend is deemed as being of sound mind to make a Will. Please rest assured that when a member of our team comes to meet you, they will carry out an assessment to ensure that they meet the necessary requirements to make an emergency Will.

What happens if a person dies without a Will?

The rules of Intestacy outline who is entitled to inherit from a person’s estate when they have died without a Will. This is very important to bear in mind as the person(s) entitled to inherit from your estate may not necessarily be the people you would wish to inherit. For example, an unmarried partner is not named under the intestacy rules and therefore if you wish for them to inherit from your estate, you MUST make a Will.

If you would like to read more information about this, please see our blog titled ‘What happens If I die without a Will’, which outlines who would inherit and the order of priority.

Do I need to provide any witnesses for an emergency Will?

You do not need to provide the witnesses for the Will as we will provide appropriate witnesses on your behalf. The witness must be:

• At least 18 years of age
• Not a family member
• Not be named in the Will

How urgently can a member of our team meet you?

A member of our team will always try and meet with you as soon as possible. This will usually be on the same day that you call our office and book in an appointment with us.

What is the likelihood of an emergency or death bed Will being contested?

Any Will can be contested if it doesn’t meet the correct criteria to make it valid. In addition, due to the nature of urgent Wills, they are more open to be contested on the basis that the person making the Will was not of sound mind when they made the Will. It is therefore very important that a Will is drafted by a Solicitor, although this doesn’t of course prevent someone from trying to make a claim against the estate.

Where will my Will be kept and can you keep it in storage for me?

You can choose where your Will is kept. You can choose to keep your Will in your home in a safe place, with your bank or we would be more than happy to keep it in our strongroom in our Newcastle Office.

We keep many of our client’s Wills and other important legal documents in our strongroom which is fire and floodproof. Choosing to keep your Will in our strongroom does not come at an extra cost to you and it ensures that your Will is kept safe.

Contact Us

If you would like to make an appointment for an emergency Will, please contact us on 0191 232 9547. You can also browse our webpages for more information such as fees, useful and information and to meet the team.