Trusts BC 2026 — Living Trust, Testamentary Trust, Henson Trust & More | Sea to Sky Law

A complete guide to BC trust law: the four main trust types, when each applies, estate planning strategies, and the 2024 bare trust reporting rules every BC family needs to know.

What Is a Trust — and Why Does It Matter in BC?

A trust is a legal relationship in which one person (the

) holds assets for the benefit of another (the

), according to the terms set by the person who created the trust (the

). Trusts are one of the most versatile tools in estate planning — they can protect assets for children, avoid probate, reduce tax, support a disabled family member, and ensure seamless business succession.

In British Columbia, trusts are governed by the

. Different trust types attract different tax treatment, and recent CRA rule changes — particularly the 2024 bare trust reporting requirements — have created significant new compliance obligations for BC families and business owners.

Whether you need a simple clause in your will to protect a minor child's inheritance, or a full inter vivos structure to avoid probate on a significant estate, understanding the options is the first step.

(RSBC 1996, c. 464) — trustee duties and powers in BC

— trust taxation, GRE rules, bare trust reporting (s. 150(1.3))

— bare trust and nominee arrangements for real property

Trusts are not just for the wealthy — they solve real family challenges that wills alone cannot.

2024 CRA Bare Trust Reporting — Are You Affected?

Many BC families unknowingly hold assets in bare trust arrangements — a parent on title of an adult child's home, nominees in corporate structures, or property held by one spouse for both. Since the 2024 tax year, CRA requires annual T3 returns for virtually all bare trusts, with penalties for non-compliance.

This affects a surprising number of everyday BC situations: joint-name mortgage arrangements, parents who helped adult children buy homes and went on title, business nominee shareholders, and co-ownership agreements where beneficial interest differs from legal title. The obligation applies even if the trust earned no income and had no transactions during the year.

If you're unsure whether a bare trust arrangement applies to you, a brief legal review can clarify your obligations — and help you avoid penalties before a filing deadline passes.

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Whether you need a simple testamentary trust in your will, a full inter vivos structure, or a review of your bare trust obligations, Sea to Sky Law™ provides clear, practical estate counsel tailored to BC law.

The information on this page is provided for general educational purposes only and does not constitute legal advice. Trust law in BC is complex and situation-specific. Please consult a qualified BC estate lawyer before making any decisions regarding trust structures, probate planning, or tax strategy. Sea to Sky Law Group, New Westminster BC.

A testamentary trust is established by your will and springs into existence when you die. The trust holds assets for named beneficiaries (often minor children or vulnerable adults) until a specified age or condition is met. Assets in a testamentary trust still pass through probate — but once established, the trust provides powerful tax and protection advantages.

Protecting inheritances for minor children until age 21, 25, or 30

Providing income to a surviving spouse while preserving capital for adult children from a prior relationship

Supporting a beneficiary with a disability without disqualifying them from government benefits

Graduated Rate Estate (GRE) tax advantages for the first 36 months after death

Created during your lifetime — effective immediately

An inter vivos (living) trust is created and becomes effective during your lifetime. You transfer assets into the trust, which is managed by a trustee for the benefit of named beneficiaries. Because the assets are held by the trust (not by you personally), they may not form part of your estate on death — avoiding probate entirely on those assets.

Probate avoidance — assets in trust do not pass through your estate

Creditor protection — properly structured trusts protect assets from personal creditors

Family income-splitting strategies (subject to attribution rules)

Business succession — holding shares in a family trust for planned tax-efficient transfer

Privacy — trust assets do not become part of the public probate record

Trustee Act (BC), Income Tax Act (Canada), s. 75(2) attribution rules

Alter ego trusts (for individuals) and joint partner trusts (for couples) allow Canadians aged 65 and over to transfer assets into a trust without triggering immediate capital gains tax. On death, the trust assets can pass to beneficiaries outside the estate — avoiding probate and maintaining privacy — while deferring the deemed disposition until death.

Capital gains tax deferral until death (no immediate disposition on transfer)

Avoiding the public probate record for privacy-sensitive families

Seamless asset management if the settlor loses capacity

Simplified estate administration — no Grant of Probate needed for trust assets

A bare trust arises when legal title to property is held by one person (the trustee) entirely for the benefit of another (the beneficiary), with no active trust duties. Common examples: a parent holds a home on title for an adult child, or a nominee holds shares. Since 2024, CRA requires annual T3 reporting for most bare trusts — a major change many families are not aware of.

Holding real property for adult children (common in BC real estate)

Where title is held for convenience but beneficial ownership differs

Income Tax Act (Canada), s. 150(1.3) — bare trust T3 reporting (2024+)

CRA's 2024 bare trust reporting rules require annual T3 trust returns for most bare trusts. Failure to file carries significant penalties. If you hold property 'for' someone else (or vice versa), speak with a lawyer about your obligations.

Rather than leaving assets directly to children who cannot legally manage property, a testamentary trust appoints a trusted person to manage inherited funds until your children reach an appropriate age. You specify the age, the conditions, and how funds can be used (education, health, housing).

A spousal trust ensures your surviving spouse is provided for during their lifetime, while guaranteeing that the remaining capital passes to your children from a prior relationship after the survivor's death — not to the new spouse's family.

A Henson trust (a form of discretionary trust) allows a beneficiary with a disability to inherit without losing eligibility for government disability benefits. The trustee holds full discretion over distributions, so the assets are not 'available' to the beneficiary under ODSP/BC Disability rules.

Family trusts are commonly used in business succession planning: holding shares in a trust for multiple family members allows for income splitting, capital gains exemption multiplication on the eventual sale of the business, and orderly transfer to the next generation without triggering an immediate tax event.

The person or institution that holds and manages trust assets

The legal document establishing the trust's terms and powers

When a beneficiary's interest in trust assets becomes absolute

The trustee has discretion over if/how much each beneficiary receives

A fully discretionary trust designed to protect a beneficiary with a disability

A special tax status for estates within 36 months of death

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Trusts BC — Living, Testamentary & Henson Trusts | Sea to Sky Law

Trusts BC — Testamentary, Inter Vivos, and Bare Trusts. A trust is a legal arrangement in which one person, the trustee, holds assets for the benefit of another person or persons, the beneficiaries. Trusts are powerful tools in BC estate planning and can serve multiple purposes. A testamentary trust is created within a will and comes into effect on the death of the testator. Testamentary trusts are commonly used to hold assets for minor children until they reach a specified age, to provide for a disabled beneficiary while preserving eligibility for government benefits, or to give a surviving spouse the use of assets during their lifetime with the remainder passing to children on the spouse's death. An inter vivos trust is created during the settlor's lifetime and can be used to avoid probate on assets held in the trust, to facilitate income splitting within a family, or to hold family business interests. A bare trust is a simple trust arrangement in which the trustee holds legal title to assets for the sole benefit of the beneficiary and must follow the beneficiary's instructions. New CRA reporting requirements for bare trusts have significantly increased the administrative burden on these arrangements. Andrew Liggett advises BC families on trust planning as part of comprehensive estate planning. Serving all of BC since 1991. Independent legal advice from a BC estate lawyer is strongly recommended before establishing any trust. Trust law in BC is complex and the tax and legal consequences of improper trust structures can be significant. Sea to Sky Law advises on trust planning and administration across British Columbia. Sea to Sky Law has served British Columbia families and businesses since 1991. Our approach combines practical legal advice with compassionate understanding of the human situations behind every legal matter. We serve all of BC by phone or secure video. Independent legal advice is always strongly recommended before making decisions that affect your family, your estate, or your business.
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