Learn about the rules for inheritances over $100,000

Can I get income support from ODSP if I get an inheritance?
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Learn about the rules for inheritances over $100,000

If you inherit more than $100,000, you can continue to get income support from the Ontario Disability Support Program (ODSP) if the money is put in a “discretionary trust”.

Setting up a discretionary trust is more complicated than a simple trust, which can be used if you inherit less than $100,000. It’s important to get legal help setting up a discretionary trust.

With a discretionary trust, a trustee has the power to decide when to pay you and how much to pay you from the trust. The trustee could be a person or an institution, such as a community organization or a bank.

A discretionary trust is sometimes called an “absolute discretionary trust” or a “Henson trust”.

Setting up a discretionary trust

A discretionary trust must be set up in the will that gives you your inheritance.

If this isn’t done and you inherit more than $100,000, ODSP will count the inheritance as an asset.

And this will affect whether you can still get income support.

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Ontario Ministry of the Attorney General
Ontario Ministry of the Attorney General
Reviewed: September 1, 2017

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