Henson Trusts and ODSP in Ontario

A Henson Trust is an absolute discretionary trust used in Ontario estate planning so a beneficiary with a disability can receive support from family assets without those assets automatically counting toward ODSP asset limits. The trustee must have absolute discretion; the beneficiary cannot demand payment.

How it fits with other tools

  1. Secure DTC approval.
  2. Open an RDSP to capture government grants and bonds.
  3. Work with an estates lawyer on a will that includes a properly drafted Henson Trust if ODSP eligibility matters for the beneficiary.

Distributions from the trust can still affect ODSP income rules. This is not legal advice — use a lawyer experienced in disability estate planning in Ontario.

Ontario Disability Support Program (ODSP)

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