What Is an Express Trust?

What Is an Express Trust? Chambers v Chambers 2012 BCSC 81 involves  litigation between a 90-year-old brother and his younger 79-year-old brother regarding the percentage of ownership in a house that the older brother  (A)  purchased so that the younger brother ( B)  could live in…. Read more

Purported Gift Set Aside – Resulting Trust Found

Purported Gift Set Aside Resulting Trust Found Sutherland, Committee of Fountain v Dorland and Rendell 2012 BCSC 615 involves a plaintiff, as committee of her deceased mother’s estate, seeking to recover funds transferred by her mother in the last years of her life to the defendants,… Read more

What Are Trusts and Where Do They Come From

What Are Trusts? It is not always easy to define exactly what a trust is. Essentially a trust is an equitable obligation binding a person called a trustee, to deal with property over which he or she has control (the trust property), for the benefit… Read more

Mother’s Advancement of $50,000 to Son , Found to Be Loan and Not Gift

Mother’s Advancement of $50,000 to Son Who Died Found to Be a Loan and Not a Gift BY Appeal Court It is often difficult to determine the intention of the grantor when monies are advanced for no consideration from one party to another and it… Read more

Presumption of Resulting Trust Applies to Transfer of Land

Until recently there had been some questions in BC estate litigation as to whether or not the presumption of resulting trust applies to gratuitous transfers of real property, in light of the provisions of the Land Title Act, section 31 that provides that under the… Read more

“Gift” Set Aside – Resulting Trust Imposed on Asset

Pan v Pan Estate 2011 BCSC 856 is an excellent example of a court case that deals between the “tug of war” in legal terms  of a gift versus a resulting trust. In 1994 the plaintiff withdrew $450,000 from her bank in Taiwan and transferred into… Read more

Gift of House and Bank Accounts to Spouse Upheld as Gifts, Presumption of Resulting Trust Rebutted

Presumption of Resulting Trust Rebutted In disinherited.com’s last blog, we discussed the Zukanovic v Malkoc case. There, the court set aside various “gifts” made during the lifetime of the deceased, and found they were held in trust for the estate.

Gifts of Entire Estate During Lifetime Set Aside, Will Varied to Give Daughter %25 and Favourite Son, %75 of $ One Million Estate

Gifts of Entire Estate During Lifetime Set Aside Zukanovic v Malkoc Estate 2011 BCSC 625 is a case of a father disinheriting a daughter in favor of a son who was clearly his favorite. The testator suffered from diabetes most of his life which resulted… Read more