What is the presumption of advancement against gratuitous transfers from parent to child?
British Columbia, Canada
The following excerpt is from E.P.J. v. A.P.E., 2010 BCSC 1121 (CanLII):
The law is very clear that while the presumption of advancement with respect to gratuitous transfers from parent to child will be limited to transfers involving minor children, there is a presumption of resulting trust with respect to gratuitous transfers from a parent to an adult child. That presumption can be rebutted by evidence that the transfer was a gift (Precore v. Precore, 2007 SCC 17).
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