Lifetime benefit trust

With respect to the succession of a person, a personal trust:

• of which the beneficiary, immediately before the death of the person, was the person's spouse and had a mental infirmity, or was the person's child or grandchild and was dependent on the person for support because of a mental infirmity; and
• under which:
  • only the beneficiary may receive or otherwise obtain the enjoyment of, during the beneficiary's lifetime, any portion of the trust's income or capital, and
  • the trustees are required to take into account the beneficiary's needs, including the beneficiary's comfort, care and maintenance when paying amounts from the trust.

Section 21.43 (2nd par.)