Joint spousal trust

A joint spousal trust is an inter vivos trust created after 1999 by a spouse who was aged 65 or over at the time, or by both spouses if at least one of them was aged 65 or over at the time.

The spouses have the exclusive right, during their lifetimes, to receive all income from the trust. No other person, prior to the death of the surviving spouse, may receive or otherwise obtain the use of any part of the trust's income or capital.

Certain rollover rules or income attribution rules may apply.

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