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№ 22 Wills & Estates

Joint Partner Trusts in Ontario: Benefits and Drawbacks

Find out what a joint partner trust is in Ontario, how it is taxed, whether it keeps assets out of the estate, and what control a couple gives up.

Wills & Estates4 min readTSLBy the Treadstone Law Team · OntarioUpdated November 13, 2026
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Key takeaways
  • A joint partner trust is a living trust created after 1999 by a settlor aged 65 or older, where the settlor and their spouse or partner are entitled to all the income until the later of their deaths.
  • The first deemed disposition for a joint partner trust happens on the later of the two deaths, not at 21 years.
  • Whether assets in a trust avoid estate administration tax depends on whether the deceased still owned them beneficially, so the details matter.

Couples sometimes hear that a joint partner trust can keep assets out of probate and simplify things after a death. The reality is more mixed, and the trade-offs deserve a careful look before you transfer anything.

This article explains what a joint partner trust is, what tax rules apply, what it may or may not do for probate, and what control you would be giving up.

What a joint partner trust is

A joint spousal or common-law partner trust is a living trust created after 1999 by a settlor aged 65 or older. The settlor and their spouse or partner must be entitled to all of the trust's income until the later of their deaths.

It sits alongside similar trusts. The table shows how they differ.

TrustKey feature
Joint partner trustLiving trust created after 1999 by a settlor aged 65 or older; settlor and spouse or partner entitled to all income until the later death
Alter ego trustLiving trust created after 1999 by a settlor aged 65 or older; settlor entitled to all income during their lifetime
Spousal trust under a willProperty left by will can pass at cost if the spouse is entitled to all the income for life and no one else may receive or use income or capital in their lifetime

Possible benefits

Be careful with the probate point. Ontario includes in the estate value any property the deceased owned that was held in another person's name, and putting legal title in another name does not by itself remove a beneficially owned asset from the tax. Whether a particular trust keeps a particular asset out of the estate depends on the trust terms and the facts, which is worth confirming with a lawyer.

Drawbacks and control you give up

A trust is a separate arrangement. Once assets are transferred, they are held by the trustees under the trust document, so you no longer simply own them in your own name. How much say you keep depends on who the trustees are and what the document allows.

Trustee duties

When investing trust property, a trustee in Ontario must use the care, skill, diligence and judgment of a prudent investor under the Trustee Act, but the investment powers do not authorize or require a trustee to act inconsistently with the terms of the trust. A trustee is also entitled to a fair and reasonable allowance for their time, fixed by a judge of the Superior Court of Justice, unless the instrument creating the trust fixes the allowance.

What to do next

Frequently asked questions

Who can create a joint partner trust?

A settlor aged 65 or older, creating a living trust after 1999. The settlor and their spouse or partner must be entitled to all of the trust's income until the later of their deaths.

When is a joint partner trust taxed on a deemed sale?

The first deemed disposition happens on the later of the two deaths, rather than at the usual 21 years.

Does a joint partner trust avoid Estate Administration Tax?

It depends on the facts. Estate administration tax looks at property the deceased owned, including property held in another person's name. A lawyer can tell you how a particular trust would be treated.

Does a joint partner trust file a tax return?

If it is a Canadian-resident express trust that is not a listed trust, it must file a T3 return. The return is due no later than 90 days after the trust's tax year-end.

Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.

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