Improving probate planning

January 1, 2010 | Last updated on September 15, 2023
1 min read

A very useful tool for a trustee to tax-manage a trust, whether inter vivos or testamentary, is to employ elections for allocating tax liability on income.

Subject to the trust terms and the Income Tax Act, income may be retained in the trust or paid out to a beneficiary, with associated taxes either paid by the trust, the beneficiary or both.

The table below illustrates how this may operate: