EX-5

Exhibit 5

April 1, 2022

Welltower Inc.

4500 Dorr Street

Toledo, Ohio 43615

Re: 2022 Long-Term Incentive Plan and 2022 Employee Stock Purchase Plan

Ladies and Gentlemen:

We have examined the Registration Statement on Form S-8, (the “Registration Statement”) of Welltower Inc., a Delaware corporation (the “Company”), to be filed with the Securities and Exchange Commission (the “Commission”) pursuant to the Securities Act of 1933, as amended (the “Securities Act”), in connection with the offering by the Company of up to 10,873,567 shares of the Company’s Common Stock, par value $1.00 per share (the “Shares”). 5,537,970 of the Shares subject to the Registration Statement are reserved for issuance pursuant to future awards under the Welltower Inc. 2022 Long-Term Incentive Plan (“2022 LTIP”), 1,400,079 of the Shares subject to the Registration Statement are to be issued with respect to outstanding options under the 2022 LTIP, 3,061,951 of the Shares subject to the Registration Statement are to be issued with respect to outstanding restricted stock units under the 2022 LTIP, 851,557 of the Shares subject to the Registration Statement are reserved for issuance pursuant to future awards under the Welltower Inc. 2022 Employee Stock Purchase Plan (the “2022 ESPP,” and, together with the 2022 LTIP, the “Plans” and individually, a “Plan”), and 22,010 of the Shares subject to the Registration Statement are reserved for issuance with respect to outstanding purchase rights under the 2022 ESPP.

In arriving at the opinion expressed below, we have examined originals, or copies certified or otherwise identified to our satisfaction as being true and complete copies of the originals, of such documents, corporate records, certificates of officers of the Company and of public officials and other instruments as we have deemed necessary or advisable to enable us to render the opinion set forth below. In our examination, we have assumed without independent investigation the genuineness of all signatures, the legal capacity and competency of all natural persons, the authenticity of all documents submitted to us as originals and the conformity to original documents of all documents submitted to us as copies. As to any facts material to this opinion, we have relied to the extent we deemed appropriate and without independent investigation upon statements and representations of officers and other representatives of the Company and others. We have also assumed that there are no agreements or understandings between or among the Company and any participants in one or more of the Plans that would expand, modify or otherwise affect the terms of either Plan or the respective rights or obligations of the participants thereunder.

Based upon the foregoing, and subject to the assumptions, exceptions, qualifications and limitations set forth herein, we are of the opinion that the Shares, when issued against payment therefor in accordance with the terms set forth in the applicable Plan as set forth in the Registration Statement, will be validly issued, fully paid and non-assessable.