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Children With Disabilities
One of the common issues with giving an inheritance to a child with disabilities is their ability to manage their own finances. We have experience in dealing with these types of issues and can help you create the right type of trust for their needs.
Another issue is ODSP funding. Many children with disabilities receive ODSP funding. If a child inherits too much money, they may be disentitled to receive any ODSP funding. However, there are multiple exceptions to this rule, and you may be able to gift your child an inheritance in a way that avoids those limits.
For example, instead of paying your child $300,000.00 directly, you can have the Estate purchase a home or condo unit for them and let them live there without losing ODSP funding. You can also purchase other items like a vehicle or create smaller trusts as long as they do not exceed $100,000.00 (as of 2026).
We would be happy to give you the advice you need to make sure your child is well protected.
Henson Trusts
Another option for children with disabilities is to set up a “Henson Trust”. This type of trust gives your Estate Trustee much more control over how much of their inheritance is gifted each year. There are difficult and technical requirements to be deemed a Henson Trust.
Our firm has drafted multiple Henson Trust clauses and would be happy to help you.
Want Us to Give You a Quote?
You have a right to pick the lawyer that best fits your needs. If you want us to give you a free quote, please feel free to call us at (705) 476-6600 or email us at info@sangsterlaw.ca.
