28 December 2011 External T.I. 2011-0430261E5 - Subsection 104(2) of the Act -- summary under Subsection 104(2)

where a taxpayer dies leaving his property equally to three testamentary trusts of which his surviving spouse is the only capital and income beneficiary during her life and, upon her death, each of the three children is a respective beneficiary, the Minister likely would designate them as a single trust. The Directorate noted that "it is not necessary that each trust have the same beneficiaries; it is sufficient that the beneficiaries of each trust are of the same group or class of beneficiaries."