Can a party who receives funds from a parent to their adult child to rebut the presumption of a resulting trust rebutting that the transfer is a gift?
British Columbia, Canada
The following excerpt is from J.D.C. v. K.L.M.F.C., 2014 BCSC 2182 (CanLII):
The respondent acknowledges that a payment from a parent to an adult child is not presumed to be a gift but it is open to the party claiming the transfer is a gift to rebut the presumption of a resulting trust. Pecore v. Pecore 2007 SCC 17 [Pecore].
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