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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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My brother in law passed away 6days ago he had learning disability

Resolved Question:

My brother in law passed away 6days ago he had learning disability and made a will approx 8 years ago the people he has left all to were his'friends' the solicitor says it is legal but I just want to know regarding his capacity as he couldn't read or write but solicitor says she read it to him. Would a medical representative have been required to approve capability. His apartment was cleared by these people 1day after he died and before he was buried.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Was he aware of his surroundings and would he have known what a will was please?

Was it drafted by a solicitor?
Customer: replied 3 years ago.

i beleive yes he was aware of his surroundings and yes it was draghted by a solicitor. the person is excutor of the will and his wife is to receive all i just would like to know if this would be legal as my brother in law would have been a vunererable adult and indeed had live in a special facility for a number of years before living on his own.unfortunately we had little contact with him for the last 8years and were not aware of a will but neighbours of his have contacted us to say he would not have been able to make a will or to understand fully what he was doing.can i add that we as a family do not want anything from the will but would contest it and have the money go to charity rather than have these people benefit


Expert:  Jo C. replied 3 years ago.
Thanks

The solicitor would usually ask some basic questions such as what day of the week is it? Do you know why I am here? Do you know where you are? And suchlike to ascertain that the person does know what they are doing. Just because they have a communication problem or a learning disability does not necessarily mean that they are not aware of what they are doing.

Only if the solicitor was not satisfied that the person had mental capacity would he ask for something from a medical professional. That would not be automatic.

The solicitor would have only seen your brother-in-law on his own with no one else in the room to make sure that he is not being coerced or pressured in any way.

Can I clarify anything for you?

Jo
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