Resulting Trust Claims

Henson Trusts (Disability Trusts)

Henson Trusts (Disability Trusts)

The Supreme Court of Canada in SA v. Metro Vancouver Housing Corp. 2019 SCC 4 found that the trust, known as a Henson trust, did not qualify as an “asset”
Personal Property and Presumption of Joint Tenancy

Personal Property and Presumption of Joint Tenancy

Robb v Robb 1993 Carswell 110 followed long-established common-law principles and found that shares in a private company were presumed in law to be held in joint tenancy, that is
Transfer to One Child Held Resulting Trust, Not Gift

Transfer to One Child Held Resulting Trust, Not Gift

Flesjer v Butterfield 2019 BCSC 2332 held that the transfer of a mother’s interest in all her real property and all her financial investments to one for four children when
Gifts Cannot Be Revoked

Gifts Cannot Be Revoked

Once a gift has been made of an interest in real property or any other type of property, the gifts cannot be revoked. The gifts of a joint interest in
Joint Bank Accounts

Joint Bank Accounts

Joint bank accounts are frequently the subject of estate litigation , the battle line being whether the joint account holder  is to personally receive the funds by way of right
Resulting Trusts: Parents Successfully Sue Daughter

Resulting Trusts: Parents Successfully Sue Daughter

TLG v KMG 2019 BCSC 1236 involves a dispute between parents and their daughter with respect to the parents advancing $110,000 to assist the daughter in purchasing a home for
The Doctrine of Purchase Money Resulting Trust - Disinherited

The Doctrine of Purchase Money Resulting Trust

In Nishi v Rascal Trucking 2013 SCC 33 , the court described the doctrine of the purchase money resulting trust as follows. At paragraphs 1 – 2: 1. A purchase

Resulting Trust Applies to Joint Tenancy Survivorship

Bergen v Bergen 2013 BCCA 492 at paragraph 42 states that when a property is purchased by one party, but held in joint tenancy, there is a presumption that the
Charitable Purpose Trusts | Disinherited Vancouver Estate Litigation

Charitable Purpose Trusts

Doukhobor Heritage Retreat Society 1999v Vancouver Foundation 2019 BCSC 54 involved a decision relating to the criteria of whether or not a document qualified as a charitable purpose trust. If
"Knowing Receipt" of Trust Property | Disinherited Estate Litigation

“Knowing Receipt” of Trust Property

Vancouver Coastal Health Authority v Moscipan 2019 BCCA 17 dealt with the proceeds of misappropriated funds from the employer of the deceased, in favor of her husband, and the court