Autism and Will Disputes – Essential Considerations  

A key part of making a valid Will is assessing whether the testator had the necessary testamentary capacity when the Will was made.

If that testator is Autistic, capacity must be assessed on a case-by-case basis, considering factors such as:

• Understanding the terms of the Will: The question to ask is whether the individual understood that they were making a decision in a legal context that would deal with their estate when they died.
• Understanding assets and beneficiaries: Did the testator have a clear understanding of what they owned and who might inherit?
• No pressure: Did the testator make their own decision, or were they unduly influenced by, say, family members or others?

Autism does not mean a person lacks capacity or cognitive assessments, but medical evidence may be necessary to confirm their ability to make informed decisions.

Autistic individuals may communicate differently.

They may use non-verbal communication and struggle with abstract concepts.

The testator should be assisted by whatever appropriate means possible to communicate their intentions and wishes.

This  will be relevant in a dispute if:

• The individual expressed their wishes in a non-traditional way.
• Legal professionals failed to properly communicate the implications of the Will.
• Ambiguous language in the Will is being interpreted differently to the testator’s true intentions.

Evidence from psychologists or speech and language specialists may help clarify how the testator communicated their decisions.

Will disputes can be particularly stressful for autistic individuals, given the adversarial nature of the legal process.

Where possible, alternative dispute resolution methods such as mediation should be considered, allowing for:

• Less formal and overwhelming settings.
• Adjustments to communication styles to accommodate autistic individuals.
• The use of specialists to support the individual in presenting their case.

Will disputes involving autistic individuals require careful handling to ensure fairness, proper legal consideration, and protection from undue influence.

Consultation with medical, psychological, and legal experts familiar with autism can help to ensure that the individual’s rights and wishes are fully respected.