Year Henson Trust established in Ontario law
ODSP asset limit for individuals
Typical setup cost in Ontario
Figures above: Henson v. Ontario (Director of Income Maintenance), Ont. Div. Ct. · ODSP Directive 4.1, 2024 · Ontario disability law practitioners
Guide values reviewed . Program amounts and eligibility can change; confirm them with the administering agency.
A Henson Trust is typically established within a parent's will and comes into effect upon their death. The key legal feature is absolute discretion: the trustee is not obligated to make any specific distributions to the beneficiary. This discretionary structure means ODSP cannot count the trust assets as belonging to the beneficiary, even if the beneficiary is the sole named beneficiary of the trust.
The trust can pay for a wide range of expenses that improve the beneficiary's quality of life — specialized therapies, recreational activities, technology, travel, home modifications, personal care items, and more. The trustee must exercise their discretion reasonably and in the beneficiary's best interest, but the broad flexibility is what makes Henson Trusts so valuable for autism families.
Inter vivos (living) Henson Trusts can also be established during the parents' lifetime, which allows other family members to contribute and can provide for situations where the child needs support before the parents' death.
A Henson Trust should be drafted by a lawyer experienced in Ontario disability law and estate planning. The trust document must clearly grant the trustee "absolute and unfettered discretion" over distributions — this specific language is critical for ODSP compliance. Generic trust templates from the internet typically do not contain the precise wording required.
Key decisions during setup include: selecting the trustee (and successor trustees), defining the scope of the trust's investment powers, establishing a mechanism for trustee replacement, and specifying what happens to remaining trust assets when the beneficiary dies (the "remainder" provision).
Costs in Ontario typically range from $2,500 to $5,000 for a will with Henson Trust provisions. Complex situations involving multiple beneficiaries, corporate trustees, or inter vivos trusts may cost more. Some Ontario legal clinics and disability organizations offer reduced-fee estate planning for low-income families.
The most dangerous mistake is language that gives the beneficiary any right to demand distributions. Even a clause stating the trustee "shall provide for the beneficiary's basic needs" can convert the trust into one that ODSP counts as an asset. The discretion must be absolute and unfettered.
Other common errors include failing to name successor trustees, missing a trustee-replacement process, and not coordinating the trust with RDSP and insurance beneficiary designations. If no trustee can act, the trust document and Ontario law decide the next step.
Families should review their Henson Trust after major family, trustee, tax, benefit-rule, or needs changes. Ask an Ontario disability-estate lawyer what review schedule fits the trust.
Evidence
Henson v. Ontario (Director of Income Maintenance)
1989 CanLII 4151 (ON SC Div Ct) — established absolute discretionary trust doctrine in Ontario
Ontario Ministry of Children, Community and Social Services
ODSP Policy Directives on trusts and exempt assets, updated 2024
Yes, like any trust, a Henson Trust can be challenged — but they have strong legal backing in Ontario. The 1989 Henson decision and subsequent case law firmly establish that absolute discretionary trusts do not count as the beneficiary's assets for ODSP purposes. The risk of a successful challenge is low if the trust is properly drafted.
Choose someone who understands your child's needs, is financially responsible, and is willing to serve long-term. Many families appoint a sibling or close family member, often paired with a professional trust company as co-trustee. The trustee must understand ODSP rules to avoid distributions that could jeopardize benefits.
A trust may pay for many quality-of-life supports, but ODSP treatment depends on what is paid, who receives it, and how it is reported. Ask the trustee to get benefits advice before making distributions.
Estate planning for Ontario autism families: wills, trusts, guardianship, RDSP, and ODSP-compatible strategies to protect your child's future.
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.
ACSD pays Ontario families $25 to $678 a month for disability-related costs. Who qualifies, the $77,640 income test, and why the July increase may not change your payment.
Commitment to Accuracy: Our data is verified against official government reports (FAO, MCCSS), peer-reviewed scientific literature, and accessible public records. Last updated: March 24, 2026.
How many children are on the Ontario autism waitlist in 2026?
As of May 13, 2026, 91,974 children are registered with the Ontario Autism Program. However, only 20,711 (22.5%) have an active Core Funding Agreement. This represents approximately 290% growth in registrations since 2019, with 71,263 children still waiting for essential funding.
Source: MCCSS FOI via OAC · Mar 2026, FAO Report 2024 · Verify Link
Written by Spencer Carroll
Founder & Autism Advocate