Drafting a Will When There's a Child with Disabilities

That last post on Registered Disability Savings Plans reminded me of one other very important thing for a parent of a child with a disability to remember when it comes to the issue of financial planning.

It is VERY important to ensure that any Will you might execute in which you leave funds in Trust to your child with a disability be properly drafted so that your child will not be required to use up all of those trust funds before being eligible for even basic benefits from the Province.

Please remember that simply placing funds "In Trust", upon your death, for your child with a disability (much as you might do with a typical child) will likely NOT be sufficient to preserve your child's rights to collect social assistance benefits, or access other programs and services from the Province without cost, either as a child or an adult.

So whether you're just planning your estate or already have a Will drafted, please ensure that you double check with legal counsel knowledgable around the issue of drafting trusts for individuals with disabilities. Unfortunately, a mistake in that area is the type that's only found out too late for all involved.

If you would like more info around this issue, feel free to drop me a line by using the Contact info that can be found under the Profile link.