Person with a Intellectual Disability and a Will

B

boxy

Guest
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....
 

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.
Click to expand...

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.
 
You must log in or register to reply here.
Menu
Log in
Register