Case study: writing a deathbed will

by | Oct 3, 2024

We recently worked with a chap who was very poorly in hospital and knew his condition was terminal. His doctors had told him he only had a few days left, and he hadn’t made a will. We hope his story will help you understand why it’s a good idea to get your will sorted out sooner rather than later.

The client

The client had been with his partner for 30 years. They had never married but had a son and owned a house together. They also both had children from previous relationships.

They owned the house 50/50. His children would inherit his share if he died without a will, meaning they could force a sale and evict his partner. He wanted to ensure she could live in the house for as long as she wanted.

Facing challenges

We needed to create a trust to ensure the client’s partner could stay in the house after he died. His partner’s children would then inherit their share after her death.

The client and his partner had always had a reasonable relationship with his children. However, things went downhill with his eldest son when he went into hospital. He was difficult about his medical treatment and was unhappy he was making a will. The first draft of the will included him as a trustee. However, relations broke down so quickly that we had to remove him as he didn’t have his Dad’s or stepmum’s best interests at heart.

The problem with deathbed wills

Making a deathbed will means you don’t have much time to think about things. We often ask questions clients hadn’t thought about before and need time to consider. The client is usually really poorly, so it’s an upsetting time for them and their family and having to think about your will adds extra stress.

There often isn’t time to gather documents and check everything through. Thankfully, this client knew what assets he had to leave. We were able to handwrite the will and return with a typed version the following day, although the family issues meant we had to create a third version.

A hospital isn’t the best place to make a will, either. There’s constant noise, so having a private conversation is hard, especially if the client isn’t in a private room. They don’t get to have quiet thinking time. We faced another practical difficulty in that the hospital where he was being treated had a policy that medical staff can’t witness wills, so we had to bring an independent person in.

Choosing the right trustees

As you’ve probably realised, the stress of a terminal illness can affect family relationships. Making a deathbed will mean making quick decisions about who your trustees and executors are going to be. In this case, we had to make a quick change as the client’s relationship with his eldest son broke down quickly.

We needed trustees who would look after the partner’s best interests when the client was gone and who could work together. When you choose your trustees, it’s important to be honest about people’s strengths and what qualities they need. There’s no point picking someone who hates paperwork or asking people to make joint decisions when they haven’t spoken in years.

Thankfully, we were able to finalise everything for this client a few days before he died.

If you want to write your will or create a Lasting Power of Attorney, we can help. Get in touch using the form below or call us on 0116 380 0752.

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