Mrs. X's late husband created a testamentary spousal trust. Considering that charitable donations have always been part of Mrs. X's cost of living, would donations made by the trust during her lifetime affect its characterization as a spousal trust within the meaning of s. 70(6)? CRA responded:
The mere possibility that a person other than the spouse or common-law partner may, before his or her death, receive or otherwise obtain the use of any of the income or capital of the trust is sufficient to disqualify the trust for purposes of the rollover under subsection 70(6).