How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71154
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

My brother in law passed away 6days ago he had learning disability

This answer was rated:

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.

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 4 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


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 C. and 2 other Law Specialists are ready to help you