Resulting Trusts: Parents Successfully Sue Daughter
July 31, 2019 No Comments
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
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Quistclose Trusts: Trusts By Implication
November 25, 2018 No Comments
Bentley v Hansen 2018 BCSC 1844 discusses Quistclose trusts that arise by implication and where so found, create a resulting trust. Quistclose is named after
Was it a Gift?
February 13, 2018 No Comments
A good deal of estate litigation revolves around the issue of whether a transfer of real or personal property from one party to another was
Gifts of Cheques
November 2, 2017 No Comments
Teixeira v Markgraf 2017 ONCA 819 dealt with the issue of inter vivos gifts of cheques. In the Teireira case the plaintiff was given a
The Presumption of Advancement In BC May Be Dead
August 1, 2017 No Comments
HCF v DTF 2017 BCSC 1226, a divorce case, traces the historical roots of the presumption of advancement and finds that it is an outmoded
Loan or Gift Within the Family?
June 20, 2017 No Comments
ABP v KGW 2017 BCSC 977 provides a template of the criteria a court will examine in determining if a gratuitous advance of monies or property within
Intention to Gift: The Legal Requirements
June 5, 2017 No Comments
A gift requires three elements to be legally effected, namely an intention to donate, an acceptance of the gift, and delivery of the gift. All
Gifts In Contemplation of Death
November 14, 2016 No Comments
Deathbed gifts happen surprisingly often. It is relatively common for people, during their last days, to make sizable gifts to caregivers and loved ones. Frequently
Gift or Loan?
September 29, 2016 No Comments
It is often difficult for the court to determine if advancements of funds from one party to another done orally and without witnesses is a
Rebutting the Presumption of Resulting Trust
August 22, 2016 No Comments
Rebutting the Presumption of Resulting Trust discussed in Mac v Mak 2016 BCSC 1140. [122] If the presumption of resulting trust arises, it may be