What drafting mistakes in a Henson trust can accidentally disqualify a beneficiary from ODSP?

The whole point of a Henson trust is that the beneficiary has no enforceable right to the money — the trustee holds absolute discretion over whether, when, and how much to pay out. Drafting mistakes that create some kind of guaranteed entitlement undermine that protection. Common problems include language requiring the trustee to pay a fixed amount or a set share of income each year, language tying payments to specific needs the trustee "must" cover, which can look like a required standard rather than true discretion, or accidentally naming the beneficiary as a co-trustee or giving them a veto over trustee decisions.

Another frequent issue is treating the trust as an afterthought within a larger will, using generic template language that wasn't actually adapted to reflect absolute discretion, rather than having a lawyer draft the trust provisions specifically with ODSP eligibility in mind. Even small wording choices can matter here, since it's the legal substance of the discretion, not just calling it a "Henson trust," that determines how it's treated.

Because the stakes of getting this wrong are high — a disqualified beneficiary could lose benefits they depend on — this is a part of a will worth having reviewed specifically for Henson trust drafting quality, not just general will validity.