Right to property, inheritance, and contract and persons with mental illness

• Published in: International review of psychiatry (Abingdon, England) Vol. 28; no. 4; pp. 402 - 408
• Main Authors: Bhugra, Dinesh, Pathare, Soumitra, Joshi, Rajlaxmi, Nardodkar, Renuka, Torales, Julio, Tolentino, Edgardo Juan L., Dantas, Rubens, Ventriglio, Antonio
• Format: Journal Article
• Language: English
• Published: England Taylor & Francis 01-08-2016; Taylor & Francis Ltd
• Subjects: Civil Rights - legislation & jurisprudence; Contracts; Discrimination; High income; Humans; Inheritance; Mental disorders; mental illness; Mentally Ill Persons - legislation & jurisprudence; Ownership - legislation & jurisprudence; property; social discrimination; United Nations - legislation & jurisprudence; Wills - legislation & jurisprudence; property; mental illness; Inheritance; social discrimination
• ISSN: 0954-0261; 1369-1627
• DOI: 10.1080/09540261.2016.1210576

Discrimination against people with mental illness is rife across the globe. Among different types of discrimination is the policy in many countries where persons with mental illness are forbidden to inherit property, and they are not able to enter into a contract in a large number of countries. Using various databases, legislations dealing with law of contract, law of succession/inheritance, and law relating to testamentary capacity (wills) of all UN Member states (193 countries) were studied. With respect to federal countries, the laws of the most populous state as a representative state in the respective country were studied. Only 40 Member States (21%) recognize/allow persons with mental health problems to enter into contracts. Of these, however, only 16 Member States (9%) recognize the right of persons with mental health problems to enter into a contract without any restrictions. The remaining 24 Member States (12%) allow a contract entered into by a person with mental health problems to be invalidated under certain conditions. These countries also make the validity of the contract subject to the capacity to consent or based on the level of understanding of the person with mental health problems. They may allow persons with mental health problems to enter into contracts only for transactions of an insignificant nature or of personal rights. Only 9% of the countries allow people with mental illness to enter into contracts in an unrestricted way. Furthermore, there remain variations between high income and low income states. In spite of international laws in many countries, laws remain discriminatory.