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.
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