Transfer to One Child Held Resulting Trust, Not Gift
February 16, 2020 No Comments
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
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Resulting Trust Applies to Joint Tenancy Survivorship
March 3, 2019 No Comments
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
Trust Re: Land Requires Transfer of Title
December 9, 2018 No Comments
Mehmal v Mehmal 2018 BCSC 2057 discussed an alleged family agreement that certain siblings held property in trust for other siblings, but because the legal
Court Finds Gift Over Resulting Trust
October 2, 2018 No Comments
Gully v Gully 2018 BCSC 1590 involved in a case where a mother transferred a one half interest in her home in 2015 to her
Rebutting the Presumption of Resulting Trust For Gratuitous Transfers
August 31, 2018 No Comments
Rebutting the presumption of a resulting trust for the gratuitous transfer of property was discussed in Wong v Huang 2012 BCSC 975 and Frischnecht v
When The Presumption of Undue Influence Arises
April 21, 2018 No Comments
Burkett v Burkett Estate 2018 BCSC 320 held that the presumption of undue influence in gifts arises in circumstances where the relationship between the parties
The Presumption of Resulting Trust
July 20, 2017 No Comments
The BC Appeal Court in Winstanley v Winstanley 2017 BCCA 265 ordered a new trial on the basis that the trial Judge erred in his
Parent Money to Children: Gift or Loan?
March 6, 2017 No Comments
Dheenshaw v Gill 2017 BCSC 319 deals with an increasingly commonly litigation problem- the advancement of large sums of parents money to their children and the
The Various Types of Trusts
February 25, 2017 No Comments
Warde v Slater 2017 BCSC 274 contains a discussion about the various types of trusts in deciding who owned the beneficial interest in the shares
Misfeasance of Public Officials
February 6, 2017 No Comments
It occasionally occurs in estate litigation that a party has complaints about the misfeasance of public officials, (usually against the Public Guardian and Trustee), as