Special Needs Planning
Special Needs Planning in Oakville & Georgetown
Having a loved one with special needs means understanding the complexities of providing care and support in these circumstances. While every situation is unique, any person supporting a family member with special needs should protect their dependant as part of their overall estate plan.
Our experienced and highly skilled estate lawyers are adept at understanding the considerations involved in this type of planning. We will work with you to fully appreciate your circumstances to explain your obligations and options when it comes to planning for your loved ones with special needs.
Special Needs Planning and the Succession Law Reform Act
The law imposes a legal and moral obligation to provide for any dependants through their estate after death. If you fail to do so, that dependant is entitled to bring a claim for dependant support against your estate within six months from issuing a Certificate of Appointment of Estate Trustee. In this circumstance, a dependant is defined as a spouse, a child, a parent, or a sibling and can include an adult dependant to whom you were providing support before your death.
Trusts for Special Needs Planning in Halton Region
Several factors can complicate providing for a loved one with special needs. In some cases, the loved one may not be in a position to manage their affairs and may require someone to oversee their finances on their behalf. Alternately, leaving a lump sum or high-value asset to a person receiving benefits under a government support program may have the effect of disqualifying them from these benefits if their wealth reaches a certain level.
For these reasons, establishing a trust is often the best way to establish protections and support for a loved one with special needs (this type of trust is commonly known as a “Henson Trust”). Our lawyers have considerable experience designing customized trust plans for their clients suited to each client’s set of circumstances.
Contact Sweatman Law to discuss special needs planning at our Oakville or Georgetown offices
Please contact us online to arrange a consultation to discuss your special needs planning options with an experienced and skilled estate lawyer.