Dear Colleagues:

According to the CBC, the Quebec government has recently started
recognizing assets held under a discretionary Henson trust as the
property of the beneficiary thereby cutting the severely disabled from
eligibility for government programs, despite a Superior Court ruling to
the contrary:
http://www.cbc.ca/news/canada/montreal/woman-with-cerebral-palsy-loses-quebec-s-help-because-mom-saved-for-her-future-1.3048058.
This is extremely devasting for parents of the severly disabled who
relied on the enforceability and interpretation of such trusts to care
for their special needs children after they have gone. I wonder what
Quebec trust lawyers think of this.

It will be interesting to see if this issue makes it up to the SCC.

Sincerely,

--
Jason Neyers
Professor of Law
Faculty of Law
Western University
N6A 3K7
(519) 661-2111 x. 88435