What is the appropriate trust structure for an elderly woman who has been diagnosed with multiple sclerosis?
Alberta, Canada
The following excerpt is from Boje v. Boje (Estate of), 2005 ABCA 73 (CanLII):
This structure will also ensure that the respondent does not unjustly amass an estate for the benefit of her beneficiaries: Tataryn v. Tataryn Estate 1994 CanLII 51 (SCC), [1994] 2 S.C.R. 807. A lengthy trust term of 10 years ought to provide the respondent with sufficient time to focus on her rehabilitation. Moreover, at that time it is likely that the respondent’s medical experts will be able to provide a more certain prognosis for recovery.
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