The will granted with supports by people with disabilities: A chimera?

Abstract

The right to exercise legal capacity has become a human right with conventional recognition and protection. From the social model projected by the CRPD, the ability to test for people with disabilities must be understood based on key factors that allow their social inclusion and respect for their inherent dignity. Nothing deprives that according to their particular situation they can grant a will before a notary public with support, whether they have been appointed by the testator himself in a notarized public deed or arranged by judicial resolution. The participation of the support does not violate the very personal nature of the will; in any case the notarial intervention stands as a crucial safeguard of the testator's rights to avoid undue influence.