Estate Planning for Ontario Families with Autistic Children
Direct answer
Ontario Ministry of Children, Community and Social Services · Employment and Social Development Canada · Henson v. Ontario (Director of Income Maintenance) · Verified 2026-05-13
- ODSP individual asset limit
- $40,000
- Ontario, ODSP Directive 4.1
Guide values reviewed .
Guide values reviewed . Program amounts and eligibility can change; confirm them with the administering agency.
Program facts at a glance
Guide values reviewed 2026-05-13
Program facts and sources
| Fact | Value | Source |
|---|---|---|
| Maximum lifetime RDSP grants | $70,000 lifetime | Employment and Social Development Canada |
| Maximum lifetime RDSP bonds | $20,000 (low-income families) | Canada Revenue Agency |
| Cost of a Henson Trust will in Ontario | Not yet confirmed against the official amount | We are still checking the source for this figure |
Why Standard Wills Are Insufficient
ODSP generally limits a single recipient to $40,000 in non-exempt assets. A Henson trust gives the trustee absolute and sole discretion over payments. A true absolute discretionary trust has no ODSP asset limit.
Ontario families should plan for who can care for a minor child and who can manage property. Adults are presumed capable unless the law says otherwise. The right plan depends on age, capacity, assets, and the court orders or appointments in place.
Key Estate Planning Components
A comprehensive estate plan for autism families includes: (1) a will with a Henson Trust provision for the autistic beneficiary, (2) designation of a substitute guardian if the child is a minor, (3) a plan for transition of guardianship at age 18, (4) life insurance to fund the trust, (5) RDSP contributions to maximize government matching grants, and (6) a letter of intent detailing the child's needs, preferences, routines, and support requirements.
The letter of intent — while not legally binding — is one of the most valuable documents a family can prepare. It communicates critical information about the child's daily routines, sensory needs, communication methods, medical requirements, and personal preferences to future caregivers and trustees.
Choosing Trustees and Guardians
The choice of trustee and guardian is the most consequential decision in the estate plan. Trustees should understand both financial management and disability benefits rules. Many Ontario families use a professional trust company as co-trustee alongside a family member to combine financial expertise with personal knowledge of the child.
Guardianship requires careful distinction between guardian of the person (responsible for care decisions) and guardian of property (responsible for financial decisions). These roles can be held by different people. Ontario's Substitute Decisions Act, 1992 governs the process for adults who may need continued decision-making support.
Evidence and sources
Ontario Ministry of Children, Community and Social Services
ODSP Policy Directives 4.1 and 4.7 on asset limits and funds held in trust
Employment and Social Development Canada
Registered Disability Savings Plan contribution rules and $200,000 lifetime contribution limit
Henson v. Ontario (Director of Income Maintenance)
Ontario Divisional Court, 1989 — foundational case establishing Henson Trust
Frequently asked questions
A Henson Trust is a discretionary trust recognized in Ontario law that allows assets to be held for a disabled beneficiary without disqualifying them from ODSP. The trustee has absolute discretion over distributions, which means the trust assets are not counted as the beneficiary's own. Without one, a direct inheritance could eliminate ODSP eligibility.
Start once you know your child may need long-term support. Early planning gives you time to review RDSP rules, insurance, trustees, and care plans. Ask an Ontario disability-estate lawyer what timing fits your family.
It depends on their capacity. Ontario law presumes capacity unless demonstrated otherwise. Many autistic adults manage their own finances independently. For those who need support, options range from informal arrangements to formal powers of attorney or court-appointed guardianship under the Substitute Decisions Act, 1992.
Under current Ontario ODSP rules, RDSPs are fully exempt as income and assets. There is no maximum on the asset exemption.
Where the waitlist stands
Families navigating autism services in Ontario face a documented multi-year wait. Here is the Ontario data — and a two-minute way to push back, when you are ready.
Related pages
- Everything Ontario autism families need to know about Henson Trusts — how they protect ODSP eligibility, setup costs, trustee selection, and common mistakes to avoid.
- How to use life insurance to fund a Henson Trust and protect your autistic child's future. Term vs. permanent, coverage amounts, and beneficiary designation strategies.
- How RESPs work when your child may not pursue traditional post-secondary education. Flexible withdrawal rules, RDSP rollovers, and alternative education pathways in Ontario.
About this page
Check the author’s context, review method, and how to report an error.