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Joint Partner Trust in Ontario: Is It Right for Seniors and Couples?

Learn how an Ontario joint partner trust works for couples 65 and over, what to ask about probate and privacy, and the tax rules that apply.

Wills & Estates5 min readTSLBy the Treadstone Law Team · OntarioUpdated October 28, 2026
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Key takeaways
  • A joint partner trust is created by a settlor aged 65 or older, and the settlor and their spouse or partner receive all the income until the later of their deaths.
  • Ordinary trusts are generally taxed at the top individual rate, so how income is paid out and reported matters.
  • A joint partner trust uses a different timing rule than the usual 21-year deemed sale of trust property.
  • Whether a joint partner trust helps with probate and privacy depends on your assets and how the trust is set up, so get legal and tax advice first.

If you and your spouse or partner are in your senior years, you may have heard that a joint partner trust can simplify what happens when one or both of you die. The idea sounds appealing, but a trust is a serious step. You are moving property out of your own name and into a structure with its own tax and filing rules.

This article explains in plain terms what a joint partner trust is, who can set one up, what questions to ask about probate and privacy, and what the tax picture generally looks like. It is general information only, and a lawyer and accountant should look at your actual situation before you sign anything.

What a joint partner trust is

A joint spousal or common-law partner trust is a trust created after 1999 by a settlor who is aged 65 or older. The settlor is the person who sets up the trust and puts property into it.

Under the trust, the settlor and their spouse or common-law partner receive all of the income until the later of their deaths. During that time, no one else may receive income or capital from the trust.

In practical terms, that means the trust is built for couples. Children or other beneficiaries wait until after both partners have died.

How it differs from an alter ego trust

People often hear about joint partner trusts and alter ego trusts together. They are close cousins, but they serve different households.

FeatureJoint partner trustAlter ego trust
Settlor's age65 or older65 or older
Who can receive income or capitalThe settlor and spouse or partner, and no one else, until the later of their deathsOnly the settlor, during their lifetime
Suited toCouples who want to plan togetherA single person, or someone planning on their own

Probate and privacy: questions to ask

Many couples look at a joint partner trust because they want to reduce the role of the court after death and keep their affairs more private. Whether a trust actually achieves that for you depends on which assets go into it, how the trust document is written, and what stays outside it. A lawyer can confirm how it would work for your property.

Be cautious about any promise that a trust will fully avoid probate or keep everything private. Those results depend on the details, and a general article cannot confirm them for your case.

The tax side of a joint partner trust

Tax is where the details matter most. An ordinary trust is taxed at the highest individual rate with no graduated brackets. A trust can, however, deduct income that becomes payable to a beneficiary in the year, and the beneficiary then includes that income on their own return. So tax is paid by the person who receives the income, and by the trust only on income it keeps.

Trusts also have to report. A resident express trust that is not a listed trust must file a T3 return every year, even if it has no income. The return and any balance owing are due no later than 90 days after the trust's year-end. Most trusts that file a T3 must also include Schedule 15, which gives beneficial ownership information on trustees, settlors, beneficiaries and controlling persons.

Trusts are normally deemed to sell their capital property at fair market value every 21 years, which can create a tax bill. Joint partner trusts are treated differently: instead of the 21-year date, they use the death of the last beneficiary. What tax applies when the second partner dies, and how a transfer into the trust is treated, are questions for your accountant, because they depend on the property involved.

What to do next

Before you decide, gather the facts a professional will need and ask direct questions about costs, control and tax.

Frequently asked questions

Who can set up a joint partner trust?

The settlor must be aged 65 or older, and the trust is for the settlor and their spouse or common-law partner. Other details, such as how it is drafted, should be confirmed with a lawyer.

Can my children receive money from the trust while we are alive?

Under the definition, no one other than the settlor and their spouse or partner may receive income or capital until the later of their deaths. If you want to help your children now, that would need a different approach.

Does a joint partner trust have to file a tax return?

A resident express trust that is not a listed trust must file a T3 every year, even with no income. Whether your trust is a listed trust depends on its assets and who the trustees and beneficiaries are.

Will a joint partner trust definitely avoid probate?

That depends on which assets are placed in the trust and how it is set up. A lawyer can tell you what would and would not be covered in your situation.

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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