This paper addresses various trust-related topics. First, it discusses drafting considerations pertaining to Alter Ego and Joint Partner or Joint Spousal Trusts. Second, it considers claims against trusts in the context of matrimonial property law and dependent’s relief, and reviews current case law. Finally, it reviews the use of discretionary trusts for disabled children, including Qualified Disability Trusts, and discusses the laws in Alberta regarding assured income for the severely handicapped.

This paper also provides a number of precedents, including: two sample Alter Ego Trusts; a sample Joint Spousal Trust; and a sample Testamentary Discretionary Trust (Henson Trust).

This paper is part of a collection presented at LESA’s Drafting Wills and Trusts program held in Edmonton on February 28, 2017 and in Calgary on March 7, 2017.