Claim To Set Aside Alter Ego Trust Dismissed

Alter Ego Trusts Usher v Larabee 2010 BCSC 1608 discusses the general principles of inter vivos gifts and an alter ego trust set up by a mother, that was attacked by two sons in litigation.   The mother’s assets consisted of property in the stock… Read more

Secret Trusts

Secret trusts likely exist much more than the public believes, as after all, they are secret. WHAT ARE SECRET TRUSTS?  In Champoise v. Champoise-Prost Estate, 2000 BCCA 426(B.C. C.A.) at paras. 15-16, the Court of Appeal summarized the fundamental principles which inform the analysis:  … Read more

Presumption of Resulting Trust Rebutted By Evidence of Love and Affection

There is a presumption of resulting trust over a gift when a substantial asset is transferred for little or no consideration,-here the presumption was overcome by evidence of love and affection. Oord v Oord 2012 BCSC 1857 is the classic scenario where a well-intentioned family… Read more

Court Finds Transfer of House from Mother to Son a Valid Gift, Subject to a Life Interest of Financial Support For Mother

Transfer of House Ruff v Ruff 2013 BCSC 169 is a very interesting and creative judgment relating to the thorny question of how do the courts treat a gift of real property from a parent to an adult child, when the parent subsequently changes his… Read more

Resulting Trust Upheld re Transfer to One Child When Will Left Estate Equally

Van De Keere v. Turner 81 ETR (3d) 175 ,Manitoba Court of Appeal is important in that the court clearly recognizes that is is usually inconsistent for a parent who treats his children equally thorughout life, and his will, would have gifted %90 of his… Read more

Transfer of Land to Minor Nephew For No Consideration Upheld as Valid Gift

Transfer of Land Wong v Huang 2012 BCSC 975  involves a case where the court upheld the transfer of a haft interest in a house as joint tenants between an elderly man and his 6 year old great nephew, the grandson of the plaintiff’s brother…. Read more

The Doctrine of Knowing Receipt of Trust Assets

The doctrine of knowing receipt of trust assets is a principle of law that governs situations when a third party receives a trust property that itself has been realized through a  breach of  trust.  Simply put, a party cannot, with knowledge of a trust, receive trust property… Read more

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

$20 Million Lottery Jackpot Claim Dismissed Under Trust Law

$20 Million Lottery Jackpot Dismissed due to trust law. It is not uncommon to hear about litigation claiming entitlement to share in lottery jackpots arising out of former friends or co- employees. Invariably the claim is that for quite a long period of time, often… 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

Trust Rendered Void

Ng v Ng 2011 BCSC 192 is an example of a decision where the court found that no express trust had been created, because there was uncertainty as to the objects and subject matter of the trust. This comment will focus on the issue of… Read more