Making a will when you are deaf or hard of hearing: a guide for England & Wales

Being deaf or hard of hearing makes no difference to your right to make a will, or to whether that will is valid. What it can affect is how easy the process is. Too often, deaf people are expected to lip-read their way through a long legal meeting, or to rely on a family member to interpret. This guide explains how it should work, what you are entitled to, and how to make sure your will says exactly what you want.

A quick note on words

In this guide we use "deaf" as an umbrella term for anyone with hearing loss. Many people whose first language is British Sign Language (BSL) describe themselves as Deaf, with a capital D, as part of the Deaf community. Others describe themselves as hard of hearing, or as having hearing loss. Whichever words you use, this guide applies to you.

Your right to communicate in your own way

• BSL is a recognised language. The British Sign Language Act 2022 recognises BSL as a language of England, Wales and Scotland.
• Businesses must make reasonable adjustments. Under the Equality Act 2010, businesses that provide services, including will writers and solicitors, must make reasonable adjustments so that disabled people, including deaf people, are not put at a substantial disadvantage. That can include providing an interpreter or other communication support.
• You should not be charged for those adjustments. The Equality Act says a business cannot make a disabled person pay the cost of a reasonable adjustment made for them. If a firm adds an interpreter's fee to your bill, it is worth asking why.

Being deaf does not affect your capacity to make a will

To make a valid will you need what the law calls "testamentary capacity". In simple terms, you need to understand that you are making a will, have a broad idea of what you own, know who might expect to benefit, and not be affected by anything that distorts your judgement. Being deaf has nothing to do with any of this.

The Mental Capacity Act 2005 also says that a person must not be treated as unable to make a decision unless all practicable steps to help them have been taken, and that information should be explained in a way that suits them, using simple language, visual aids or any other means. For a BSL user, that means sign language. In other words, if communication is the barrier, the answer is better communication, not assumptions.

Why a professional interpreter matters

It can feel easier to ask a son, daughter or friend to interpret. We understand why, but for a will it is usually a bad idea:

• They may inherit. If someone who benefits from your will interprets for you, it can later be argued that they influenced what went into it, or that you did not fully understand it. That is exactly the kind of thing that leads to disputes.
• Privacy. A will is personal. You may want to make decisions you would rather your family did not hear about yet.
• Accuracy. Legal and financial language is hard to interpret well. A qualified interpreter is trained to do it accurately and impartially.

Look for an interpreter registered with the NRCPD (the National Registers of Communication Professionals working with Deaf and Deafblind People), which keeps a public register of qualified sign language interpreters.

Making sure your will says what you mean

For a will to be valid, the person making it must have known and approved of what it says. For most people this is simply assumed. Where there is a reason to doubt it, for example because the person could not easily read the will themselves, the court can ask for evidence that the contents were properly explained.

For many BSL users English is a second language, and legal English is hard for anyone. So a good will writer should:

• go through your draft with you section by section, with the interpreter;
• explain it in plain terms, not legal jargon;
• give you time to ask questions and to change your mind;
• keep a note of how the will was explained to you.

That last point protects you and your family if anyone ever questions the will.

Can the meeting take place by video?

Yes. Your advice meeting, and the meeting to go through your draft, can both take place on a video call, with the interpreter joining the same call. Video works well for BSL because everyone can see each other clearly, and many hard of hearing people find live captions on video calls helpful.

Signing and witnessing your will

The legal rules for signing a will are the same for everyone. Under the Wills Act 1837, your will must be:

1. in writing;
2. signed by you;
3. signed in the presence of two witnesses, who are both there at the same time;
4. signed by each witness in your presence.

A witness, or the husband, wife or civil partner of a witness, should never be a beneficiary. If they are, the will is still valid, but that person will usually lose their gift.

During the pandemic, the law temporarily allowed wills to be witnessed over video. That arrangement ended on 31 January 2024, so your witnesses now need to be physically present when you sign. For the questions deaf clients ask most about witnesses, read our guide: Can a BSL interpreter witness a will?

Do not forget a Lasting Power of Attorney

A will only covers what happens after you die. A Lasting Power of Attorney (LPA) lets people you trust make decisions for you if you ever cannot, and it is a good place to record how you want to be communicated with, for example that you want a BSL interpreter at medical appointments. We explain this in Lasting Powers of Attorney for deaf people.

Things deaf clients often want to include

• A letter of wishes alongside your will, for example asking for a BSL interpreter at your funeral, or explaining how you want your affairs explained to deaf family members.
• Gifts to deaf charities, clubs or schools that have mattered to you.
• Guardians for your children who can sign, if that matters to your family.
• Executors who can communicate well with the deaf members of your family.

If you are helping a deaf parent or relative

Many hearing sons and daughters help deaf parents with paperwork. If that is you, our guide on supporting a deaf parent with their will explains how to help without putting the will at risk.

How we can help

At Irwin Wills and Estate Planning we offer wills and estate planning for Deaf and hard of hearing people throughout England and Wales. A registered BSL interpreter joins your video appointment with us for the whole meeting, at no extra cost, and we can extend the appointment so nothing is rushed. Our fees are fixed and agreed before we start.

You may also find these organisations helpful: the British Deaf Association, RNID and the NRCPD.

Related reading

• Can a will be made or signed in British Sign Language?
• Do I need an interpreter to make a will, and who pays for it?
• How much does a will cost in the UK?
• What happens if you die without a will?

This article is general information about the law in England and Wales, not legal advice. For guidance on your own situation, please get in touch.