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ARTICLE · 14 NOVEMBER 2024

Estate Planning For Beneficiaries With Additional Support Needs In Manitoba

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In Manitoba, estate planning isn't just about the distribution of assets.

CanadaFamily and Matrimonial
Katrina Scaramuzzi
Katrina Scaramuzzi
Kennedy Pinette
Kennedy Pinette
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In Manitoba, estate planning isn't just about the distribution of assets. Especially for beneficiaries with additional support needs, estate planning involves careful consideration and specialized strategies to ensure the well-being and financial security of those individuals. Carefully tailored plans can protect the interests of individuals with disabilities, both during their lifetime and after the will-maker's passing.

Key considerations for estate planning with Henson Trusts

One common approach to providing for a beneficiary with disabilities is establishing a Henson Trust, named after the Ontario case of Henson v Ontario (also known as an Absolute Discretionary Trust). The primary purpose of a Henson Trust is to provide financial support while ensuring the beneficiary's eligibility for government benefits and assistance programs remains intact. In Manitoba, Henson Trusts are established under The Trustee Act and must comply with its guidelines.

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