A Henson Trust is a type of trust established primarily for the benefit of individuals with disabilities, particularly those who qualify to receive government benefits. The key feature of a Henson Trust is that it is designed to protect the assets held within the trust from being considered as assets of the beneficiary for the purpose of determining eligibility for these government assistance programs. The disability can be mental or physical. The term Henson Trust is named after the successful litigant in a landmark Ontario case. In Henson v. Ontario, the Ontario courts found that certain assets held inside of a fully discretionary trust are not to be considered in an assessment for benefits under a means-based government assistance scheme.… [Read more]