What is the test for determining whether monies advanced to an adult child were a loan or a gift?
British Columbia, Canada
The following excerpt is from D.L.G. v. R.A.G., 2009 BCSC 687 (CanLII):
The factors to be considered in determining whether monies advanced to an adult child were a loan or a gift, in the family law context, are set out in Locke v. Locke, 2000 BCSC 1300, at para. 20, as follows: 1. whether there were any contemporaneous documents evidencing a loan; 2. whether the manner for repayment is specified; 3. whether there is security held for the loan; 4. whether there are advances to one child and not others, or advances of unequal amounts to various children; 5. whether there has been any demand for payment before the separation of the parties; 6. whether there has been any partial repayment; and 7. whether there was any expectation, or likelihood, of repayment.
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