Is a spouse entitled to an in trust award for services provided by her husband to her husband in the absence of a paid spouse?
British Columbia, Canada
The following excerpt is from O’Connell v. Yung, 2010 BCSC 1764 (CanLII):
There is no requirement that the services provided be of a professional or paraprofessional nature to be compensable. As L. Smith J. held in Frers v. De Moulin, 2002 BCSC 408 at para. 210, “an ‘in trust’ award is appropriate where a spouse performs duties which would otherwise have to be performed by a paid worker”.
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