Legal Question in Wills and Trusts in Canada

Henson Trust

Can you draw up a Henson Trust after the person has passed away? Or does it have to be in the will?


Asked on 9/16/08, 11:48 pm

1 Answer from Attorneys
Johanne Amonson Johanne L Amonson, Q.C. Prof Corp

Re: Henson Trust

If by a "Henson Trust" you are referring to a discretionary trust for a dependant child or spouse of the deceased, it is possible to obtain the equivalent by post-mortem planning, ie a court application under the Dependants Relief Act and a court order creating a totally discretionary trust of funds, if the court agrees.

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Answered on 9/17/08, 4:00 pm


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