How is a discretionary trust calculated when the husband is deceased?

In Grove v. Grove, [1996] B.C.J. No. 658, the court dealt with a discretionary trust. Due to the variables, including estimating the time of death, the fact that the husband may never receive an interest in the trust and the uncertainty regarding when the trust assets could be divided, the court declined to value the trust deciding on a 80/20 division of the net amount if and when the assets were distributed.

In Kachur v. Kachur, [2000] A.J. No. 1180, the asset in issue was a discretionary trust where the spouse was a named beneficiary. The trust was found to have been created with the intention that the other named beneficiaries would benefit entirely from the trust. The court accepted that the intention of the trust was entirely for the benefit of the children finding that the parties (husband and wife) had no interest.