CRA references a checklist for determining indefeasible vesting

For purposes of the 21-year deemed disposition rule, a trust does not include a trust "all interests in which … have vested indefeasibly". In commenting on the “vested indefeasibly” concept, CRA indicated:

• although IT-449R dealt with this concept in the s. 70(9) rollover context, its comments were equally applicable to the trust definition
• the Boger Estate definition was accepted as authoritative
• the 2006 article of Catherine Brown lays out a good checklist of the questions to ask in making the determination

Neal Armstrong. Summary of 29 May 2018 STEP Roundtable, Q.9 under s. 108(1) – trust – (g).