Resulting Trust Claims
Trusts Basics
A trust arises where one party (the trustee) holds the title to property for the benefit of another (the beneficiary). An express trust is a trust that has been intentionally
Donative Intent and Gifts
Hsu v Hsu 2023 BCSC 683 discussed the law relating to donative intent in determining if a transfer of land for no consideration was a gift or a resulting trust.
Joint Tenancies- Who Gets What on Death?
The transfer of the legal interest in property into joint tenancy gives rise to three potential scenarios: a) The creation of a true joint tenancy, in which each of the
Assets From Parents to Child
A large amount of estate litigation can often be based on whether monies or assets advanced from a parent to a child are a gift or a resulting trust. It
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
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
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
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 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
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