If you’re reading this during a moment of urgency, worry, or crisis — take a breath.
Whether you’re the person in question — or you’re acting on behalf of a loved one or family member who needs assistance — this guide takes you through the relatively straightforward process of making a will in an emergency.
Urgent Wills — Legal Documents in Time-Sensitive Situations
An Emergency Will is a legally binding document — created swiftly — when time is short. Often, this happens within 24 hours of contacting a suitable Wills and Estates Lawyer.
While having exactly the same authority and power as a standard Last Will and Testament — an Emergency Will is special due to the speed at which it’s written, witnessed, and finalised.
That said, the document must still stick to all the strict legal requirements outlined by New South Wales law — ensuring validity and enforceability.
Reasons for Making an Emergency Will
Every situation is unique — there are a multitude of scenarios that mean it’s vital your or a loved one’s legacy is protected immediately. The most common drivers behind this include:
- End-of-life circumstances — a terminal diagnosis or palliative care could mean a Will is essential right now.
- Travel risks — if going to a place that’s high-risk, perhaps during a war or an uprising, it’s reassuring to have a Will before departure.
- Sudden injury — a serious accident could lead to a fatality, a Will means that final wishes are documented should the worst happen.
- Sudden family circumstance change — the loss of a partner, divorce, or the birth of a child, may mean legacy intentions change.
- Legal or financial reasons — maybe law matters, financial obligations, or a business sale or purchase, means post-passing assets need protecting.
- Ensuring wishes are followed — without a Will, assets will be allocated after passing through the courts following intestacy rules.
- Reassurance in a crisis — pandemics or global disasters may need the peace of mind brought about by a Will.
The Vital Question — Can Anyone Make a Will Right Now?
The deciding consideration is this — does the person needing the Will have testamentary capacity?
In other words, as outlined in the case of Banks v Goodfellow (1870), do they…
- …understand what a Will is.
- …know what they own.
- …have an opinion on who should receive their estate.
- …grasp the legal implications and power of a Will.
- …intend to make the Will without undue influence or coercion.
Illness, physical frailty, or undergoing palliative care doesn’t automatically negate testamentary capacity — all that’s needed is a clear and understanding mind. A qualified lawyer will conduct a dignified and gentle assessment to ascertain mental clarity.
If, after careful assessment, the solicitor believes the person lacks testamentary capacity, they cannot execute a valid Will. Other legal avenues, such as applying for Guardianship, Care Directives, or Letters of Administration (after passing), may still be available.
Why Making Your Own Will Is Seriously Risky
When time is short, it can be extremely tempting to go it alone — such as videoing a Will on a smartphone, scribbling down some quick notes on a hospital notepad, or using an often questionable online service.
However, this usually results in creating nothing but an informal Will — a document that isn’t valid due to it being in an incorrect format, unsigned, unwitnessed, or failing to meet the demands of the NSW Succession Act (2006).
And only after someone passes does the full implications of the informal Will become devastatingly apparent. Either it’s challenged, ignored in favour of an older document, or if no previous record exists, the estate is given to the Public Trustee to handle.
At Falzon Legal, we considerately emphasise that all Wills — including those made in emergency circumstances — are made properly and in solemn form.
This means they are written (not recorded on an iPhone), signed and witnessed (with all parties present), everyone uses the same pen and ink, and supervised by an experienced solicitor — who can provide later testimony to the court if needed.
How To Organise an Emergency Will
Once you’ve contacted an Emergency Will lawyer and arranged an appointment — often on the same day — prepare as much information beforehand as you can. The more you have ready, the faster and smoother the writing and formalising of the Will.
You shouldn’t worry if you don’t have every single detail available. A good lawyer will patiently guide you through what you need.
Usually, the minimum information required includes:
- A list of assets — such as property, bank account details, SMSF, stocks and shares, or valuable possessions.
- Intended beneficiaries — including their full names and addresses, where possible.
- Name of the Executor — the person who will collate assets after passing and distribute them to beneficiaries.
- Specific instructions — for example, donations to charity or funeral preferences.
- Copy of the current Will — if it exists, and the plan is to replace it.
- Identification — to prove who the Testator is to the lawyer.
- Family situation details — have in mind the discussions that may be needed about complex family situations or guardians for minors.
Is the Will Done on the Same Day?
In most circumstances, a reputable Emergency Will lawyer, such as Falzon Legal, will create the Will on the same day as the meeting, if that’s at all possible. The aim is to be efficient and to provide the necessary documentation without delay.
While we cannot attest to the services of other solicitors, at Falzon Legal, we…
- Give immediate mobile Will service — private residences, hospitals, or aged care facilities.
- Make the document on-site — preparing the Will efficiently at most locations, ready for signing.
- Arrange necessary witnesses — if the Testator or loved ones don’t have any available.
- Print off all documents — we have a mobile printer and laptop to create the Will.
- Complete the entire process on the same day — finalising and executing the Will in one appointment.
What if an Emergency Will Isn’t Made?
If someone dies without a Will — known as dying intestate — the court decides how their estate is divided. No one wants that situation. Even the most basic of Wills gives a clearer direction and reassurance than dying without a Last Will and Testament.
Dying intestate might mean…
Unmarried partners receive no inheritance.
Complex and expensive legal processes after passing.
No control over who distributes or manages the estate.
The courts decide who looks after younger children.
Stepchildren may receive nothing.
Estranged or disliked family members could get some of the inheritance.
Specific gifts that mean something to individuals will not be allocated.
Increased possibility of Will challenges or contests.
The estate goes on public record for everyone to scrutinise.
Five Dangerous Common Misconceptions About Emergency Wills
When time is crucial, misconceptions abound. Let’s clear up five of the most common misunderstandings:
1. ‘It’s too late now.’
Not necessarily true. If the person has testamentary capacity, it’s still possible to create a legally valid Will in just a matter of hours.
2. ‘We can just write it on a bit of paper and get them to sign it.’
This can be legally tricky. Without the proper legal advice, the Will could be deemed invalid or open to challenge or contest.
3. ‘An Emergency Will isn’t as valid as a normal Will.’
Completely untrue. The only difference between a properly witnessed and formalised Emergency Will and a standard Will is the time taken to create it.
4. ‘We can sort everything out later when they’ve gone.’
Once someone has passed without a Will, the estate will then be subject to the laws of intestacy — the courts will sort it out, which can be stressful and costly.
5. ‘It costs a fortune to make a Will in an emergency.’
A reputable urgent Will lawyer, such as Falzon Legal, will keep Emergency Will services fees transparent, clear, and focused. Our fees include a court appearance, should evidence of testamentary capacity be required at the Probate stage.
What You Should Do This Very Minute
If you or a loved one is facing a situation where you feel you need to make a Will urgently, you should:
- Call a lawyer now — one who is experienced in emergency Wills, like Falzon Legal.
- Gather together the basic information — about the assets and beneficiaries.
- Don’t worry — stay calm, but act quickly, and let the experts patiently guide you.
Let Falzon Legal Help — Urgent Services Delivered With Compassion
At Falzon Legal, we know this isn’t about the paperwork — it’s about doing the right thing, protecting interests, safeguarding dignity, and having inner peace when time is critical.
With compassion and understanding, we will patiently take you through making a will in an emergency — ensuring wishes are followed and loved ones taken care of.
If you need a Will fast, we’re here — talk to us.
Creating a Will in an Emergency FAQs
What if the Person Doesn’t Have Testamentary Capacity?
If they don’t understand what a Will is, its implications, what they own, or who they want to benefit — they cannot create a Will, or change an existing Will.
A lawyer can explain the other courses of action — such as Enduring Guardianship and Letters of Administration.
If the Person Is Very Sick, Can They Still Make a Will?
As long as the person understands what a Will is and the implications of creating this document — i.e. they have testamentary capacity — they can still make a valid Will, even if they’re very poorly.
What if the Person Passes Away Before the Will Is Signed?
Sadly, if the Will is not signed and witnessed before they pass on, it cannot be legally valid. That’s why it’s crucial to act quickly if someone’s health is rapidly going downhill.
Do You Need To Speak to the Doctors About Creating the Will?
In some cases, this might be necessary — particularly if there are some concerns about the person’s ability to make decisions. This is always done with the person’s consent.