All About Estates
By Brianna Fable-Watson
October 6th, 2025
Spousal Trusts Without the Trust Issues: Picking the Right Trustee – A Primer and Reminder
When planning your estate, creating a spousal trust is an effective way to ensure that your spouse is financially supported while also protecting the inheritance for your children or other beneficiaries. In a typical spousal trust, your surviving spouse receives the income produced from your assets during their lifetime, while the capital is (potentially) preserved for the next generation after they pass.
At first glance, this arrangement may seem simple enough but managing and administering a spousal trust can be complex. Trustees face several potential conflicts of interests, competing obligations, and a strict duty of loyalty to all beneficiaries. As a result, one of the most important decisions one must make in setting up a spousal trust is choosing the right trustees to manage it.
Key Takeaways:
If you are considering a spousal trust, there are three main things to keep in mind:
- Choose trustees carefully – ensuring that the trustees appointed are not only trustworthy, but also capable of balancing competing interests (including their own) fairly.
- Be clear in estate documents – whether it is in the Will or trust deed, intent on how the estate will be administered should be clearly stated. Clear wording can prevent disputes down the line.
- Communicate openly – beneficiaries and trustees should be able to communicate as early as possible to manage expectations and mitigate any conflicts in advance.
A spousal trust can be very beneficial for your family’s financial future. But the execution of such a trust requires careful consideration and planning as trustees must balance the current needs of the surviving spouse with the future inheritance of the heirs.
