WILLS FOR PEOPLE WITH LEARNING DISABILITIES
Who can make a Will?
Anyone over 18 can make a Will, as long as they have the capacity to do so. The capacity to make a Will is set out by law and it means that you must be able to:
- Understand the nature of the document you are signing
- Understand what you own, and roughly what it is worth
- Understand the claims of those to be benefited by or excluded from the Will
If in doubt, a solicitor can work with a doctor to establish whether someone satisfies this test.
Plain English
Although they have the capacity to make a Will, many people with mild learning disabilities are concerned that they may not understand their Wills because the language used in them is ‘legal’ and not readily understood. We can prepare straightforward Wills in plain English for clients with learning disabilities so this need not be a concern.
What if someone does not have capacity to make a Will?
If someone does not have mental capacity to make a Will themselves, there is a procedure whereby someone else can arrange for a Will to be prepared for them through the Public Guardianship Office – a court which manages the affairs of vulnerable people and those who do not have mental capacity. These Wills are known as Statutory Wills. It is usually only worth going down this route if the person involved has a valuable estate, as it can be costly and time consuming.
What if I die without a Will?
Many people do not have a lot of money and are quite happy for what they have to pass to their families when they die. If you die without a Will, the law says how the things you own should be distributed. We recommend that you speak to a solicitor who can explain what would happen to the things you own if you die without a Will to make sure that you are happy with that.
For legal advice from a Wills Solicitor with experience of Wills for people with learning disabilities, contact our Salisbury, Andover, Verwood or Amesbury offices today.
