Can I write a Will for my mum?
It is a question many adult children ask, usually for kind and caring reasons. Mum keeps putting off making a Will. She finds forms confusing, or she is getting older and you are worried. Can you just write it for her?
The short answer is no, not on her behalf. A Will must reflect your mum’s own wishes, and she must understand and agree to what it says. But there is a lot you can do to help her make one.
Why you cannot simply make a Will for someone else
A Will is a personal legal document. For it to be valid in England and Wales, the person making it must:
- be 18 or over
- make it voluntarily, without pressure from anyone
- have the mental capacity to understand what they are doing
- sign it properly in front of two witnesses
GOV.UK explains that the person must sign in the presence of two witnesses who are both over 18, and the witnesses must then sign in the person’s presence. You can read the full rules in GOV.UK’s guide to making sure a Will is legal.
The risk of being too involved
If you stand to inherit, being closely involved in your parent’s Will can cause problems later. Other relatives may question whether your mum was influenced. In some cases, a Will can be challenged on the grounds of “undue influence” or lack of capacity. Even if the challenge fails, it can be upsetting and costly for the family.
A few simple steps reduce that risk:
- let your mum speak to the professional alone for at least part of the meeting
- do not give instructions on her behalf
- do not act as a witness, and do not ask your partner to
- let her keep control of decisions, even if you disagree
A note on witnesses
GOV.UK states that you cannot leave anything in a Will to a witness or to a witness’s husband, wife or civil partner. If you or your spouse witness your mum’s Will and you are also a beneficiary, you could lose your gift. Choose independent witnesses.
Ways you can help
There is still plenty you can do that is useful and appropriate:
- Start the conversation. Ask gently whether she has a Will, and whether it is up to date.
- Help her find information. Share plain-English guides so she understands her options.
- Help gather paperwork. A list of her accounts, property and pensions makes the process easier.
- Arrange appointments. Book a meeting or video call, and help with travel or technology.
- Be there for support. You can wait outside, or join only for the parts she wants you there for.
What if mum is losing capacity?
Capacity is about whether a person can understand and make a particular decision at the time. A diagnosis of a condition such as dementia does not automatically mean someone cannot make a Will. Many people can still make valid decisions in the earlier stages. A professional can explain how capacity is assessed, and may suggest asking a doctor for an opinion.
If your mum can no longer make a Will herself, it may be possible for the Court of Protection to authorise a Will on her behalf, called a statutory Will. This is a formal court process. A professional can explain whether it might apply.
A Will is only part of the picture
While you are talking about the future, it may be a good moment to mention a Lasting Power of Attorney. A Will deals with what happens after death. An LPA lets someone your mum trusts make decisions for her during her lifetime, if she loses the ability to decide for herself. She must have mental capacity when she makes it.
If someone has already lost capacity and has no LPA, the family may need to apply to the Court of Protection for a deputy. GOV.UK has guidance on becoming a deputy.
Choosing who helps her
It can also help to talk as a family about why your mum is making certain choices, if she is happy to. Surprises in a Will are a common cause of disputes. You do not need to know every detail, but knowing that a Will exists, where it is kept and who the executors are can make things much easier later.
Will writing is not regulated in England and Wales, so anyone can offer it. Encourage your mum to use someone who is regulated or belongs to a recognised professional body, and who has insurance. She can ask about fees, how her Will will be stored, and what happens if her wishes change.
Where to go from here
Our help article on why a Will matters is a gentle place for your mum to start. It also explains how a Will is signed and witnessed. For decisions during her lifetime, read what a Lasting Power of Attorney is.
If your mum would like to speak to someone, she can ask to be introduced to Will professionals. WillHarbour is an introduction service, not a law firm. It is free to use and there is no obligation to go ahead.
Frequently asked questions
Can I make a Will on behalf of my parent?
No. The Will must reflect your parent’s own wishes and they must have the capacity to make it. You can help with practical things, such as finding information and arranging appointments.
Can I witness my mum’s Will?
It is wiser not to. GOV.UK says a witness, or their spouse or civil partner, cannot benefit from the Will. If you inherit and you witness it, your gift could fail.
What if my mum has dementia?
A diagnosis does not automatically mean she cannot make a Will. Capacity depends on the decision and the time. A professional can explain how it is assessed and what options exist.
This article is general information about the law in England and Wales and isn’t legal, tax or financial advice. Rules can change, so check official guidance or speak to a qualified professional about your situation.
