Our Services
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.
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.
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.
Please contact us online to arrange a consultation to discuss your special needs planning options with an experienced and skilled estate lawyer.
SWEATMAN LAW FIRM OAKVILLE
217 Speers Rd, Unit 14
Oakville, ON, L6K 0J3
Phone: 905.337.3307
Fax: 905.337.3309
SWEATMAN LAW FIRM MISSISSAUGA
1136 Lorne Park Road
Mississauga, ON, L5H 3A4
Phone: 905.822.3111
Fax: 905.822.9103
SWEATMAN LAW FIRM MILTON
245 Commercial St, Unit 101
Milton, ON, L9T 2J3
Phone: 905.875.2400
Fax: 905.337.3309
SWEATMAN LAW FIRM GEORGETOWN
145 Mill St.
Georgetown, ON, L7G 2C2
Phone: 905.877.0121
Fax: 905.337.3309