Too many disabled Canadians are quietly denied the right to make a will

opinion

Too many disabled Canadians are quietly denied the right to make a will

Under Canadian law, a diagnosis is not disqualification for making a will.

Across the country, a basic legal right is being denied. People with autism, cerebral palsy or other cognitive and developmental disabilities are often unjustly presumed incapable of making a will.

These assumptions don’t come from the courts. They come from the professionals who are supposed to help: lawyers, advisers, institutions.

And they’re wrong. Because under Canadian law, a diagnosis is not disqualification.

Some people are legally incapable of making a will. They include those with advanced dementia, severe brain injuries or other conditions that leave them unable to understand what a will is, what they own or who they mig