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
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
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
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
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
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
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
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
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
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 discussed in Mac v Mak 2016 BCSC 1140. [122] If the presumption of resulting trust arises, it may be