Is there a presumption of gift with adult children?
Ontario, Canada
The following excerpt is from Mildren v. Mildren, 2013 ONSC 1435 (CanLII):
[97] I reviewed some law in this area earlier. There is no presumption of a gift with adult children and the seven questions set out in Locke v. Locke is still an appropriate test to apply in order to determine whether or not a loan was intended. In answering the seven questions in this case, I came to the conclusion that the wife has not been able to establish that there has been a loan that was intended to be paid back.
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