Supporting a deaf parent with their will and estate planning

If you are the hearing son or daughter of Deaf parents, you have probably been helping with letters, phone calls and appointments for years. Many people in this position describe themselves as CODAs (Children of Deaf Adults). When it comes to your parent's will, though, the most helpful thing you can do is usually to step back from interpreting. Here is why, and how you can help instead.

Why you should not interpret your parent's will meeting

• It could put the will at risk. If you inherit under the will and you also interpreted it, someone could later argue that you influenced it, or that your parent did not fully understand what they signed. Even if nothing was wrong, that argument can lead to a stressful and expensive dispute.
• Your parent may want privacy. A will can involve decisions your parent would rather make without family in the room, about other children, a partner, or gifts to friends and causes.
• It is hard to be neutral. Interpreting conversations about death, money and family is emotional. A professional interpreter is impartial and trained in this kind of language.
• The will writer needs to hear from your parent. A good will writer will want time with your parent on their own, with a qualified interpreter, to be sure the wishes really are theirs.

How you can help

• Find the right will writer. Look for one who provides a qualified BSL interpreter, ideally registered with the NRCPD, and check that there is no extra charge for it.
• Help with the technology. If the meeting is by video, help your parent set up the call and check the picture is clear enough for signing.
• Help gather the information. A list of property, bank accounts, pensions, life insurance and the people your parent wants to include makes the meeting quicker.
• Be there before and after. Support your parent, but give them the meeting on their own.
• Respect their decisions, even if you would have chosen differently.

Talk about Lasting Powers of Attorney too

A will only deals with what happens after death. A Lasting Power of Attorney (LPA) lets your parent choose who can make decisions for them if they ever cannot, and it can record how they want to be communicated with, such as having a BSL interpreter at medical appointments. If your parent asks you to be an attorney, remember that the role is about supporting their wishes, which includes making sure they get proper communication support rather than always interpreting yourself. Our guide to LPAs for deaf people explains more.

If you are worried about memory or understanding

If you are concerned that your parent is struggling with memory or decisions, talk to their GP, and ask for any assessment to be carried out with a qualified interpreter. Being deaf is not a sign of lacking capacity, and a fair assessment must be done in your parent's own language.

If your parent already has a will

A will made without an interpreter is not automatically invalid. But if you are not sure your parent fully understood it, or their circumstances have changed, a review with a qualified interpreter can give everyone peace of mind.

How we can help

We help Deaf and hard of hearing people throughout England and Wales with wills, LPAs and trusts. A registered BSL interpreter joins your parent's video appointment with us for the whole meeting, at no extra cost, and we can extend the appointment so nothing is rushed. Find out more about our estate planning service for Deaf and hard of hearing people, or read our main guide to making a will when you are deaf or hard of hearing.

Related reading

• Do I need an interpreter to make a will, and who pays for it?
• What happens if you die without a will?
• Professional trustees and executors: when to appoint one
• Being a Deaf executor: what the role involves

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