Wills for carers

One of the biggest concerns for many carers is what happens to the person they care for if the carer dies unexpectedly. A will cannot arrange day-to-day care by itself, since it only takes effect on your death, but it can make financial provision for the dependant's ongoing needs and can record your wishes clearly for whoever steps in.

If the person you care for is a minor child, you can name a guardian in your will as you would for any child. If they are an adult who lacks mental capacity to make their own decisions, a will cannot appoint a 'guardian' for them in the same way, but you can still leave funds intended for their care and record your wishes about who you would like to be involved, alongside considering whether a lasting power of attorney or Court of Protection deputyship already exists or is needed for that person separately from your own will.

If the person you care for receives means-tested benefits or lacks capacity to manage money, leaving them a direct lump sum can cause the same problems described in our guide on leaving money to a disabled child: a reduction or loss of benefits, or money that nobody has legal authority to manage on their behalf.

A discretionary trust is often the better structure in these cases, allowing trustees to use funds for the dependant's benefit without the money counting as their own asset. This needs proper drafting by a solicitor to work correctly, so if this applies to you, treat it as a step beyond what a standard online will template can achieve.

If you are caring for someone else, for example an elderly parent, it is worth knowing that the time, effort and financial sacrifice involved in caring does not by itself give you any automatic right to inherit from that person's estate. If they die without a will, the intestacy rules apply regardless of who provided care, and if they leave a will that does not mention you, you generally have no automatic claim either.

In limited circumstances, a carer who was financially dependent on the person they cared for, rather than the other way around, might have grounds for a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but simply having provided unpaid care is not itself a basis for a claim. If you are caring for someone and want to be recognised in their will, that conversation needs to happen with them directly.

A will is a legal document and is not the ideal place for detailed day-to-day instructions about a dependant's routine, medical needs, or preferences, since it is read after death and is not something you would want a wider family group reading during your lifetime. A separate letter of wishes or care plan, kept alongside your will and shared with whoever is likely to take over caring, is often more useful in practice.

Consider writing down details such as medication routines, preferred routines, key contacts such as GPs or social workers, and anything else someone stepping into a caring role would genuinely need to know. Review and update this regularly, since care needs often change faster than a will typically would.

Caring responsibilities can significantly reduce a carer's own pension contributions, savings and life insurance provision over time, which is worth factoring into your own will and wider financial planning. If you rely on Carer's Allowance or other benefits, check how any inheritance you might personally receive could affect that entitlement.

It is also worth naming a backup executor in your will who is not the person you are caring for, if that person would otherwise be your natural first choice, since they may not be able to take on the administrative role of executor depending on their own health or capacity.