Supporting Trustees of Henson Trusts in Ontario

One of the greatest concerns for parents of individuals with disabilities is:
“Who will care for my child after I’m gone?”

They want to ensure their child has a secure, high-quality life—without losing access to essential government benefits, like the Ontario Disability Support Program (ODSP). Under current ODSP rules, individuals with more than $40,000 in liquid assets are no longer eligible for benefits—making a direct inheritance problematic.

The Henson Trust: A Proven Solution

In 1989, a landmark court case introduced what’s now widely known as the Henson Trust, named after Leonard and Audrey Henson. This trust allows families to leave unlimited funds to a loved one with a disability without affecting their ODSP eligibility.

These trusts are often set up through a parent’s Will, with one or more Trustees appointed to manage the funds in the best interest of the beneficiary. However, being a Trustee is a significant responsibility—and many struggle with understanding the rules, guidelines, and administrative requirements.

That’s Where We Come In

The Special Needs Planning Group’s Trustee Support Program was created specifically to support Trustees of Henson Trusts in Ontario. Our goal is simple:
Make it easier for Trustees to manage the trust and maintain ODSP benefits while enhancing the quality of life for the beneficiary.

We help Trustees navigate:
  • Where to start as a new Trustee
  • Trust structures and legal duties
  • The Trustee Act: what it means for you
  • ODSP eligibility and benefit rules
  • ODSP Asset & Income rules
  • ODSP spending guidelines
  • Proper record keeping and reporting
  • Tax return obligations and ODSP audits
  • What changes at age 65
  • How to keep everything organized

You’re Not Alone

With our support, managing a Henson Trust doesn’t have to be overwhelming. You’ll have access to the guidance, tools, and confidence needed to focus on what really matters: ensuring a full and meaningful life for the person the trust was created to support.

Want to Learn More?

If you are—or will become—the Trustee of a Henson Trust, our Trustee Support Program can help you do the job well, with less stress.

Contact us to find out if the program is right for you and how we can support you on this important journey.