Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 17 MARCH 2022

Receiving An Inheritance While On The Ontario Disability Support Program

Siskinds LLP
Explore more from Siskinds LLP

Receiving an inheritance, either as a beneficiary under a Will or through the proceeds of life insurance, while on Ontario Disability Support ("ODSP") can require some additional steps and planning to avoid a loss of benefits.

CanadaFamily and Matrimonial
Laura Geddes
Laura Geddes
Author LinkedIn connections

Receiving an inheritance, either as a beneficiary under a Will or through the proceeds of life insurance, while on Ontario Disability Support ("ODSP") can require some additional steps and planning to avoid a loss of benefits. Since ongoing qualification for ODSP benefits is based on a financial test, with certain assets being considered exempt assets for the purpose of the calculation, an unforeseen or poorly planned inheritance can cause the recipient to no longer qualify for ODSP.

Depending on how the inheritance is structured, the ODSP recipient may not be at risk of losing their ODSP benefits. If the inheritance is left through the deceased's Will in an absolute discretionary trust it may qualify as a Henson trust (for more information on Henson trusts see: Wills, trusts and estate planning for people with disabilities and their families). Any amount of funds may be held within a Henson trust without putting ODSP entitlement at risk if the trust is properly

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Canada-US Estate Planning: A Complete Guide For Snowbirds And Cross-Border Families

Canadians who own US property, hold American investments, or have family members with US citizenship face a complex web of estate tax obligations spanning two countries. Without proper coordination, your heirs could face double taxation, frozen assets during lengthy Florida probate proceedings, or unexpected tax bills that consume a significant portion of their inheritance.
CanadaFamily and Matrimonial
Altro LLP
Altro LLP
Article

Ontario Probate: A Step-by-Step Guide For Executors (Including Estates With US Property)

Ontario probate requires court certification, estate administration tax of up to 1.5%, and careful navigation of cross-border rules when US property is involved. Executors face strict timelines, fiduciary duties, and potential personal liability, while proper planning through multiple wills and beneficiary designations can significantly reduce both costs and delays.
CanadaFamily and Matrimonial
Altro LLP
Altro LLP
Article

The Supreme Court Of Canada Recognizes A New Tort Of Intimate Partner Violence

The Supreme Court of Canada has established a groundbreaking new common law tort of Intimate Partner Violence, fundamentally changing how survivors can seek civil remedies for coercive and controlling behavior in intimate relationships. This landmark decision introduces a legal framework that recognizes patterns of abuse beyond traditional assault claims, focusing on the cumulative nature of coercive control that strips victims of their dignity, autonomy and equality. Courts across Canada are now beginning
CanadaFamily and Matrimonial
Thompson Dorfman Sweatman LLP
Thompson Dorfman Sweatman LLP
Article

Canadian Citizenship By Descent: Canada Expands Eligibility Under Bill C-3

Many people may be surprised and pleased to learn that there is a new path to becoming a Canadian citizen. The Government of Canada passed Bill C-3, An Act to Amend the Citizenship Act (2025), on December 15, 2025. Before this legislation came into effect, Canadian citizenship by descent was limited to the first generation born outside Canada. For example, Emily was born or naturalized in Canada, and she could pass her citizenship to her child, Duncan, born outside of Canada.
CanadaFamily and Matrimonial
O'Sullivan Estate Lawyers LLP
O'Sullivan Estate Lawyers LLP
Article

Can I Claim Damages For Intimate Partner Violence In Ontario? A Look At Ahluwalia And Mitchell

The Supreme Court of Canada has established a new tort for intimate partner violence, extending legal recognition beyond physical abuse to include psychological control, financial manipulation, and other coercive tactics. Understanding who can sue, what conduct qualifies, and how courts will assess damages is essential for anyone navigating this emerging area of law.
CanadaFamily and Matrimonial
Lerners LLP
Lerners LLP
Article

Tariffs, Terminations And EI: Implications Of Canada’s New Support Package For Employers

Canada's federal government has announced a $3.5 billion rapid response support package in anticipation of retaliatory tariffs against the United States, introducing new temporary employment insurance measures and workforce retention programs. The package extends EI benefits, waives waiting periods, and creates funding opportunities for employers to retain and retrain workers rather than implement large-scale layoffs.
CanadaEmployment and HR
Siskinds LLP
Siskinds LLP
Article

Ontario Court Certifies Proposed Class Action Against Hatts Off Inc.

The Ontario Superior Court of Justice has certified a proposed class action against Hatts Off Inc., alleging systemic abuse, neglect and misconduct at youth group homes and foster placements across Ontario spanning nearly four decades. With approximately 180 individuals already identified as potential class members, this certification decision allows the case to proceed on common issues affecting all proposed class members, though the allegations remain unproven and liability is denied by the defendants.
CanadaLitigation, Mediation & Arbitration
Siskinds LLP
Siskinds LLP