Spousal trust

For tax purposes, spousal trusts are grouped into the following two categories:

• pre-1972 spousal trusts
• post-1971 spousal trusts

Pre-1972 trusts

These are testamentary trusts created before 1972 and inter vivos trusts created before June 18, 1971.

The spouse may, during his or her lifetime, receive all of the trust's income. However, no other person may receive or otherwise obtain enjoyment of the trust's income or capital from the date on which the trust is created to the spouse's date of death or January 1, 1993, whichever is earlier.

Post-1971 trusts

These are testamentary trusts created after 1971 and inter vivos trusts created after June 17, 1971.

The spouse has the exclusive right, during his or her lifetime, to all the trust's income. No other person, prior to the spouse's death, may receive or otherwise obtain enjoyment of the trust's income or capital.

A spousal inter vivos trust is a trust that possesses these characteristics throughout its existence.

For further information, refer to the Guide to Filing the Trust Income Tax Return (TP-646.G-V).