Credibility in Gift vs Resulting Trust Actions
One of the most common types of estate litigation is the conflicting stories of one party testifying that the asset was gifted to him or her, while others in the family argue resulting trust, and the Judge must decide who to believe.
Examples of such findings and determination of the case are found in the following examples:
It is clear that many cases where a transferee seeks to persuade a court that a gratuitous transfer was intended to be a gift turn on questions of credibility;
. Madsen Estate v. Saylor, 2007 SCC 18at para. 18,
Bakken Estate v. Bakken, 2014 BCSC 1540at paras. 33-35.