Saskatchewan, Canada
The following excerpt is from Cooper Estate, Re, 1999 CanLII 12613 (SK QB):
In Larondeau, a person who stood in loco parentis to the defendant volunteer opened a joint account with the volunteer and was the only party to deposit or withdraw funds from the joint account. When opening the joint account, the sole contributor thereto stated "he was giving something to his son, and that if anything happened to him his son would have the proceeds of the account". At the time, the defendant "child" was 30 years of age and married. The court applied Hill v. Hill and concluded the gift was of a testamentary nature and therefore had to comply with The Wills Act. While it gave lip service to the presumption of advancement in favour of the child, the decision clearly indicated that very little evidence is required to rebut the presumption in circumstances where the volunteer is an adult child.
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