Wills and Estates Trusts
Absolute Discretionary Trusts
If you have a child who requires particular care and comfort as a result of a mental or physical need, you may want to consider a 'Henson Trust'.
What does a Henson Trust Protect?
By vesting trust assets to provide the beneficiary, your trustee will have absolute discretion. Thus, the right to collect government benefits and entitlements is secured.
Interesting Facts
A Henson Trust can be established as either a living trust or a testamentary trust.
What can you do to enhance the quality of life of a family member with a disability?
Caring for a child or loved one with a disability is a big responsibility. Consider having a lawyer set up a Henson Trust.
What have the Courts said about setting up an Absolute Discretion Trust?
The Court has established that the assets left in a trust, which is set up to support your loved one with a disability, should not be considered as that person’s assets. Thus, their entitlements for government funding cannot be affected.
When can you set up a Henson Trust?
You can set up a Henson Trust while you are alive, called an inter vivos trust, or put it in your Will.
Call Our Lawyers. We're here to help.
It is prudent and recommended that you speak to a qualified and skilled Wills and Estates Lawyer who can help you better understand how setting up a Trust may be right for you.
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How to protect your special needs child?
A Henson Trust can be set up by a professional lawyer to ensure that the care, comfort and needs of your children are carried out well after you pass. You can set up a Henson Trust if you are living (inter vivos) or in your Will to be set up after you die. When you set up a Henson Trust, there are certain financial spending limits that should be adhered to by your trustee in order to ensure that beenfits, such as ODSP are not affected. The financial spending should go towards comfort, clothing, food, recreation, rent etc.
At Scardicchio Law Office Professional Corporation, our Wills and Estates Lawyers have the skills and knowledge to help you secure your loved one's future with a properly drafted Trust. Call us to discuss your plans. We are here to help.
