Multiple Sclerosis Society of Canada

Programs and Services

Henson Trust

  • Financial Assistance

Generally, the purpose of a Henson trust is to provide financial assistance for an individual with a disability without risking his or her eligibility to the Ontario Disability Support Plan (ODSP) benefits.

There is no limit on the assets that can be held by a Henson trust. The assets of the person with the disability are protected as well as the right to collect government benefits and entitlements.

Most often established on the death of a close relative or friend for someone with a disability. It is also possible to create a Henson trust during the lifetime of the donor; however the tax rules would be more restrictive.

The trustee has "absolute discretion" in determining whether to use the trust assets to provide assistance to the beneficiary, and in what quantity.

The trust may provide income tax relief by being taxed at a lower marginal rate than if the beneficiary's total assets were considered. In most cases, the trust assets are immune from claims by creditors of the beneficiary

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Disclaimer: The MS Society is an independent, voluntary health agency and does not approve, endorse or recommend any specific product or therapy but provides information to assist individuals in making their own decisions. For specific information and advice, please consult your personal physician. Read our full privacy policy.

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