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

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)

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