Person with a Intellectual Disability and a Will

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boxy

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Hi can anyone tell me can a person with an Intellectual Disability make a Will. I have an Aunt who has a house but is not living in it, she lives in a Intellectual Disability part of a mental hospital. She wants to give the house to me although it is not in her name. It is in her Dads name, he never made a will! She is the last of a family. There is nobody living in the house.
 
If she has the capacity to understand what a will is and what she is doing, then yes. A solicitor would ask that she be examined by a medical professional with a view to determining whether she has the mental capacity to make a will first, if the result of that examination was positive, then they could attend on her to make her will- remember though, the request to make a will must come from her, not you.
 
Thank you. So whats the first thing I should tell her to do .... she asked me to get advice for her....
 
The sound mind requirement

In order to make a valid will, you must not only set out your wishes in a written and witnessed document, but you must also have, in the eyes of the law, the mental capacity to do so. This means you must make your will with "understanding and reason" and not be suffering from mental conditions such as delusion, insane suspicion or aversion.
It is your mental condition at the time you made your will is that legally relevant. If you suffer from any mental disorder, it is important that evidence is left with your will (for example, from a doctor) that proves you were mentally competent at the time you made the will. Otherwise, your will can be open to challenge.
Your will can also be challenged on the basis that you were acting under pressure or undue influence when you made it so it is important that you get independent legal advice and not use the services of a solicitor of any potential beneficiary of your will.
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From CIC Site. Making a Will
 
[broken link removed] might be useful, though it is aimed more at the parents of a person with an intellectual disability. Might be worth contacting Inclusion Ireland for advice on your own particular situation. I see that the topic of 'wills' is due for discussion at their [broken link removed].
 
She wants to give the house to me although it is not in her name. It is in her Dads name, he never made a will! She is the last of a family. There is nobody living in the house.
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This situation will need to be sorted out also. Just because she is the last surviving member of her family doesnt necessarily mean that its her's. As her Dad did not make a will, normal inheritance rules would have applied, so, assuming she wasnt an only child, then others would have inherited part of the estate.
 
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