Loan or Gift?
In family environments it is often very difficult or near impossible for third parties such as a court to easily determine if that parental advancement
In family environments it is often very difficult or near impossible for third parties such as a court to easily determine if that parental advancement
A breach of trust occurs when the trustee’s duty to act precisely within the terms of his obligations is not fulfilled. If he fails in
McKendry v McKendry 2015 BCSC 2433 dealt with a very common fact pattern in estate disputes- where a parent puts the property in joint names
The Sas Law Society reasons for judgment re unprofessional solicitor conduct, repeated a basic rule of trusts-( 2015 LSBC 19, April 20,2015 at paragraph 220)- a trustee
Unpaid Vendor’s Liens Hall v Hall 2015 BCCA 96 reviews the law of equitable vendor’s liens, which is similar to the law of resulting trusts,
Schouten Estate v Swagerman-Schouten 2014 BCSC 2320 examines the range of evidence and its significance when attempting to determine the intention of the donor when he
Credibility in Gift vs Resulting Trust Actions One of the most common types of estate litigation is the conflicting stories of one party testifying that
Resulting Trust Presumption The decision Schouten Estate v Swagerman- Schouten 2014 BCSC 2320 confirmed the case law that the law relating to resulting trust
The Transferor’s Intention when the “gift” in dispute was created is the key indicator as to whether a right of survivorship is valid or not
Executor Ordered to Repay Monies Back to Estate Paid Out Before Expiration of 6 Month Limitation Stevens v. Wood Estate (Re), 2013 BCSC 2380. Until