Henson Trust
A Henson Trust is a special type of discretionary trust commonly used in Ontario estate planning for people who want to provide for a loved one with a disability. It is often used by parents, grandparents, or other family members who want to leave an inheritance for a person receiving disability-related benefits, while reducing the risk that the inheritance will interfere with those benefits.
The key idea behind a Henson Trust is control. Instead of giving the beneficiary the legal right to demand money from the trust, the trustee is given discretion over whether, when, and how trust funds are used for the beneficiary. Because the beneficiary does not directly control the trust property, a properly drafted Henson Trust may help protect eligibility for means-tested benefits such as the Ontario Disability Support Program.
This service is intended for families who need a professionally drafted Henson Trust as part of an Ontario estate plan. It may be appropriate where a loved one receives ODSP, may require ODSP or similar supports in the future, has a disability, has limited capacity to manage money, or would be vulnerable if they received an inheritance directly.
The starting price applies to relatively straightforward Henson Trust planning. The price may increase where the matter involves added complexity, including multiple beneficiaries, blended families, high-value estates, tax-planning issues, disputes among family members, uncertain ODSP status, questions about capacity, corporate assets, real estate, or the need to coordinate with financial advisors, accountants, disability support workers, or other professionals.
What Is a Henson Trust?
A Henson Trust is a trust designed to benefit a person with a disability while giving the trustee full discretion over distributions. The beneficiary can benefit from the trust — for living expenses, quality of life, housing, personal supports, and other needs — but does not have a legal right to demand money from it. Because the beneficiary does not control the trust assets, a properly drafted Henson Trust may help preserve access to means-tested disability benefits, such as ODSP, while still allowing family members to provide meaningful financial support.
Who Usually Needs a Henson Trust?
- Parents of an adult child with a disability
- Grandparents who want to leave an inheritance to a disabled grandchild
- Families with a loved one receiving ODSP
- Families concerned that a direct inheritance could affect disability benefits
- Families who want a trusted person to manage funds for a vulnerable beneficiary
- Families planning for long-term care, housing, personal supports, quality of life, or supplemental expenses
Why Henson Trusts Cost More Than Simple Wills
A Henson Trust requires more careful legal drafting than a basic will. The lawyer must consider the beneficiary's disability-related needs, the trust structure, trustee powers, government benefit issues, family dynamics, and how the trust fits into the broader estate plan. The wording of the trust matters — an improperly drafted trust may not achieve the intended result. The higher starting price reflects the specialized nature of the work and the importance of getting the document right.
Important Note About ODSP and Disability Benefits
A Henson Trust is commonly used in Ontario to help protect ODSP eligibility, but every situation is different. The rules governing ODSP and other disability benefit programs can change, and the way a trust is drafted and administered matters. A lawyer must review the client's specific circumstances before confirming whether a Henson Trust is appropriate and how it may interact with the beneficiary's benefits. This page does not guarantee any particular government benefit outcome.
What Is Included
- Review of the family's estate-planning goals
- Discussion of the intended beneficiary's circumstances
- Preparation of a Henson Trust
- Trust language giving the trustee appropriate discretion
- Clauses dealing with how trust funds may be used for the beneficiary
- Appointment of trustee and alternate trustee
- Review of practical issues involved in choosing a trustee
- Coordination with the client's will or broader estate plan
- Lawyer review before finalization
- Signing instructions
What Is Not Included
- Simple personal will without disability-related planning
- Ongoing trustee administration services after the trust is created
- Accounting, tax, or corporate restructuring advice
- Family trust for tax or business planning
- Complex corporate, tax, or estate-freeze planning
- Powers of attorney for property or personal care (unless separately agreed)
- Representation in estate litigation or will challenges
- Advice about ODSP eligibility determinations or appeals
- Financial planning, investment advice, or trust investment management
Who This Service Is For
Information Required from You
- 1Your full legal name, address, and date of birth
- 2Name and circumstances of the intended trust beneficiary
- 3Whether the beneficiary is currently receiving ODSP or other means-tested benefits
- 4Name and contact information for your proposed trustee
- 5Name and contact information for your proposed alternate trustee
- 6General description of the assets you intend to leave to the trust
- 7Any specific wishes about how trust funds should be used for the beneficiary
- 8Whether you have or intend to have a separate personal will
- 9Any existing estate-planning documents
Common Add-Ons
Frequently Asked Questions
Important Limitations
- •Submitting a request does not automatically create a lawyer-client relationship. A lawyer must first review the request, complete any required conflict check, confirm the scope of work, and provide a retainer agreement before legal services are provided.
- •A Henson Trust is a specialized legal document. The starting price of $2,500 + HST applies to relatively straightforward matters. The price may be adjusted upward where the client's circumstances involve added complexity.
- •This service covers the drafting of a Henson Trust document and related estate-planning work. It does not include ongoing trustee administration, trust accounting, investment advice, or representation in benefit-related proceedings.
- •The interaction between a Henson Trust and ODSP or other disability benefit programs depends on many factors, including how the trust is drafted and administered. No specific benefit outcome is guaranteed.
- •Signing the trust and any associated will correctly is essential for them to be legally valid in Ontario. Signing instructions will be provided, but the client is responsible for ensuring the documents are properly executed.
Starting from
$2,500
Plus HST
Some Henson Trusts are straightforward. However, disability-related estate planning can become complex quickly — blended families, uncertain ODSP status, high-value assets, or coordination with other professionals all add legal work. The starting price keeps the service accessible for simpler matters while allowing the lawyer to quote a higher fee where more careful planning, additional drafting, or specialized advice is required.
This service is provided by a third party. By requesting this service, you consent to us sharing your inquiry with one of our partner law firms, and you may be contacted by them, pursuant to our Privacy Policy.
Requesting does not create a lawyer-client relationship. Subject to conflict check and acceptance.
Prices are for the stated scope only. Additional complexity, urgency, disbursements, HST, or government fees may apply.
Starting from
$2,500
Plus HST