A fully discretionary trust that preserves a disabled beneficiary's income support.
In Islamic law
A fixed faraid share paid outright could disqualify a disabled heir from support. Scholars are commonly asked whether the share can be held in this structure; the entitlement is preserved, so it is worth putting to a scholar directly.
In Canadian law
Because the beneficiary has no fixed entitlement, the trust assets are generally not counted against provincial disability benefits such as ODSP.
We have not yet researched whether the four Sunni schools differ on this term, so we are not going to tell you either way. Where a specific case turns on it, ask a qualified scholar rather than relying on a general summary.
Canadian legal detail
Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:
- Henson trust ontario odsp disabled beneficiary
- Discretionary vs fixed interest trust ontario
- Henson trust ontario disability
This is legal information only. For advice on your own circumstances, speak to a lawyer.
Citations & sources
Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- Henson trust ontario odsp disabled beneficiary — Treadstone Law
- Discretionary vs fixed interest trust ontario — Treadstone Law
- Henson trust ontario disability — Treadstone Law
- Odsp henson trust income vs capital distributions ontario — Treadstone Law
- Wills & estates practice — Treadstone Law