A trust for a surviving spouse that qualifies for the tax rollover.
In Islamic law
The exclusivity requirement conflicts directly with vesting children's faraid shares immediately — a genuine tension to plan around.
In Canadian law
Must give the spouse all income and exclude anyone else from capital during their lifetime.
Making an Islamic will in Canada — province by province, and what makes one valid where you live →
We have not yet researched whether the four Sunni schools differ on this term, so we are not going to tell you either way. Where a specific case turns on it, ask a qualified scholar rather than relying on a general summary.
Canadian legal detail
Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:
- Spousal trust ontario will surviving spouse
- Spousal trust surviving spouse remarries ontario
- Spouse title change capital gains rollover ontario
This is legal information only. For advice on your own circumstances, speak to a lawyer.
Citations & sources
Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- T3 Trust Guide — Canada Revenue Agency
- Spousal trust ontario will surviving spouse — Treadstone Law
- Spousal trust surviving spouse remarries ontario — Treadstone Law
- Spouse title change capital gains rollover ontario — Treadstone Law
- Odsp henson trust income vs capital distributions ontario — Treadstone Law
- Wills & estates practice — Treadstone Law