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№ 22 Wills & Estates

What Is a Henson Trust and Does It Work in British Columbia?

Learn how a Henson trust works for a dependent adult relative and how British Columbia disability assistance rules treat discretionary trusts.

Wills & Estates4 min readTSLBy the Treadstone Law Team · British ColumbiaUpdated November 13, 2026
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Key takeaways
  • A Henson trust is a discretionary trust, and in BC a discretionary trust is not treated as an asset for disability assistance if the person has no way of collapsing it and gaining control of the assets.
  • A non-discretionary trust counts as an asset and is exempt only where the amount contributed does not exceed $200,000.
  • The wording of the trust and the way it is run decide whether it protects benefits, so it is worth having a lawyer review it.

If a family member has a disability and receives BC disability assistance, leaving money to them directly can cause problems. Assets and income can affect eligibility, which is why families look at trusts.

A Henson trust is the name commonly given to a discretionary trust set up for a dependent person. This article explains the idea in plain words and how the BC rules treat trusts of this kind.

This article covers the law of British Columbia.

What a Henson trust is

In plain terms, a Henson trust is a trust where the trustee decides when and how much to pay to the person with the disability. The person does not have a fixed right to demand the money. That discretion is the feature that matters for benefits.

The trust holds the property, and the trustee manages it for the person's benefit. Whoever is chosen as trustee takes on real legal responsibilities, covered below.

How BC disability assistance treats trusts

The BC ministry looks at whether the person can reach the trust property. A discretionary trust is not treated as an asset if the client has no way of collapsing it and gaining control of the assets. A non-discretionary trust counts as an asset.

Type of trustHow it is treated
Discretionary, with no way for the person to collapse it and take controlNot treated as an asset
Non-discretionaryCounts as an asset, and is exempt only where the amount contributed does not exceed $200,000

The ministry's published guidance is spread across several documents and can differ in detail, so confirm the current position before relying on any figure.

Registered Disability Savings Plans and timing

A Registered Disability Savings Plan (RDSP) is a separate tool. Assets held in an RDSP are exempt for BC disability assistance, and RDSP payments are exempt as income and assets.

Assets received for transfer into a trust or RDSP are temporarily exempt for up to three months, the first month being the month received. The ministry may extend this month by month if the delay is beyond the client's control and reasonable efforts are shown.

What the trustee has to do

A trustee who acted honestly and reasonably and ought fairly to be excused may be relieved by the court from liability for a breach of trust.

What to do next

Frequently asked questions

Is a Henson trust the same as any discretionary trust?

The name is commonly used for a discretionary trust for a dependent person. What matters under the BC rules is whether the trust is discretionary and whether the person has any way of collapsing it and taking control.

Can a Henson trust be non-discretionary?

A non-discretionary trust counts as an asset. It is exempt only where the amount contributed does not exceed $200,000.

Does an RDSP affect disability assistance?

Assets held in an RDSP are exempt for BC disability assistance, and RDSP payments are exempt as income and assets.

Can the trustee hire someone to manage the investments?

Often yes, to the degree a prudent investor could under ordinary business practice, but the trustee must still set the objectives and monitor the agent. It is not allowed where the trust requires the trustee to act personally.

Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. British Columbia laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a lawyer who practises in British Columbia. Reach us at 1-844-900-1070 or send our Team a message.

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