Wills and people with disabilities

Can Wills be made by people with disabilities?

Like anyone, people with disabilities are advised to make a Will.

Sometimes it might be difficult for people with disabilities to sign their Will. Solicitors and Will writers are adept at making provisions in a Will for people to sign their Will by making a mark. Sometimes someone else can be authorised to sign a Will instead of the person making them. As you might expect there are very strict safeguards which have to be adhered to when a Will is signed by someone other than the Testator or, are signed without the Testator using his or her name.

A Will cannot be made by someone who does not possess sufficient mental capacity. People making their Will are expected to fully understand the nature and implication of the document and must usually possess full mental capacity.

Wills made by people who do not have sufficient mental capacity can be challenged and set aside. Where there is any doubt whether a person has mental capacity they should only sign their Will after a Doctor has certified that they have sufficient mental capacity.

Similarly it is not possible for a Will to be witnessed by someone who does not have full mental capacity. It is very important that witnesses are available to confirm that people signing their Will did so in the correct and legal manner. Wills which have not been properly witnessed or which are witnessed by someone who does not have mental capacity could be rendered invalid.

Wills are very important legal documents and it is important that anyone making a Will gets it right first time. People with disabilities are advised to seek expert advice before making their Will to avoid it being rendered invalid.

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