Guide
A Henson Trust is an absolute discretionary trust where the trustee has complete discretion over when and how funds are distributed to the beneficiary. Because the beneficiary has no legal right to demand distributions, the trust assets are not counted as the beneficiary's assets for ODSP purposes. This allows the beneficiary to maintain eligibility while having access to supplemental funds.
Henson Trusts have specific legal requirements that must be met exactly, or the trust may be deemed invalid and the assets counted against ODSP eligibility. Engage a lawyer who specializes in disability estate planning — not a general practice lawyer. The cost typically ranges from $1,500 to $3,000 and is one of the most important investments you will make.
The trustee manages the trust and makes all distribution decisions. Choose someone who understands your child's needs, is financially responsible, and is likely to outlive you. Consider naming a professional trustee or trust company as a backup. Avoid naming the beneficiary or their spouse as trustee, as this can jeopardize the trust's ODSP protection.
Work with your lawyer to draft the trust document. Key provisions include: the absolute discretionary nature of distributions, trustee succession plans, investment powers, guidelines for how funds should be used (quality of life enhancements, not basic needs already covered by ODSP), and provisions for trust termination and residual beneficiaries.
Most Henson Trusts are funded through your will (testamentary trust). Update your will to direct the inheritance to the Henson Trust rather than directly to your disabled child. Coordinate with RRSP/RRIF beneficiary designations and life insurance policies. Consider an RDSP rollover upon death to maximize tax efficiency.
Inform other family members — especially grandparents and relatives who may leave bequests — about the Henson Trust. Well-meaning relatives who leave money directly to your disabled child could inadvertently jeopardize their ODSP eligibility. Provide them with the trust details so they can direct any gifts or bequests appropriately.
Evidence
Ontario Disability Support Program Act
Asset exemption rules for absolute discretionary trusts (ontario.ca/laws)
ARCH Disability Law Centre
Legal resources on trusts and estate planning for persons with disabilities
When properly drafted, a Henson Trust does not affect ODSP eligibility. The key is that the trustee has absolute discretion over distributions, meaning the beneficiary cannot demand access to the funds. ODSP therefore does not count the trust assets as the beneficiary's resources.
Legal fees for establishing a Henson Trust typically range from $1,500 to $3,000, depending on the complexity of your estate and the lawyer. This usually includes the trust document, updated will, and powers of attorney. Ongoing trustee administration costs, if using a professional trustee, are separate.
Yes. While most Henson Trusts are testamentary (created through a will and funded upon death), you can establish an inter vivos (living) Henson Trust funded during your lifetime. This may be advantageous for tax planning or if you want the trust operating before you pass away. Consult your lawyer about which approach suits your situation.
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
How long do families wait for Ontario autism services?
Ontario autism wait times for core clinical services now exceed 5+ years (2026). Most families currently receiving invitations registered in 2020 or earlier. This delay far exceeds the sensitive early intervention window recommended by developmental specialists.
Source: MCCSS FOI via OAC · Mar 2026, FAO Report 2024 · Verify Link
Is the Ontario Autism Program underfunded?
Yes. The Financial Accountability Office (FAO) determined that $1.35 billion annually is needed to serve all registered children at 2018-19 service levels. The 2026-27 Ontario Budget allocated $965 million, leaving an estimated $385M+ annual shortfall. This gap is the primary driver of the perpetual 91,974+ child waitlist.
Source: Financial Accountability Office of Ontario [FAO] · Verify Link
Written by Spencer Carroll
Founder & Autism Advocate