Areas of Law / Wills and Probate

One of my brothers is severely disabled. Since my father died he now lives with my other brother, and actually owns 90 per cent of the property. We asked a solicitor whether he ought to make a will, but they didn’t think he had the necessary understanding to do so and in any case in the event of his death we would inherit his estate. Was this good advice?

If your brother has no children it’s likely you will inherit his share of the property under the intestacy rules on his death, so on the face of it there is no absolute necessity for him to make a will. The danger of course is that the property will go to a distant relative or to the Crown if he outlives you. It’s possible to have a will made on his behalf via the Court of Protection.

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