Testamentary

A trust that is created upon the death of the settlor

Testamentary trusts are subject to tax at the highest rate of federal tax for individuals, plus provincial tax at the top rate in the same way as inter-vivos trust.

a testamentary trust, if set up properly, may also provide protection under family law should the beneficiary have a marital break-up.

Testamentary spousal trust

common for individuals who have remarried but have children from an earlier marriage.

Under a typical arrangement, the deceased's current spouse will benefit from the income from the trust during his or her lifetime but will have no (or limited) access to the trust's capital.

  • The residual capital beneficiaries are the deceased's children, who will benefit from the trust property when the current spouse passes away

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