What is the test for inferring that a spouse who provides services to another spouse is entitled to a constructive trust remedy?
Alberta, Canada
The following excerpt is from Smithson v. Bock Estate, 1998 ABQB 110 (CanLII):
More specifically, this inference will arise "where a person provides 'spousal services' to another, those services should be taken as having been given with the expectation of compensation unless there is evidence to the contrary" (emphasis added - p. 1018). However, if there is evidence contradicting this implied expectation of sharing, such as an agreement to leave each party's respective assets to their beneficiaries under their respective wills, then no inference can be drawn. (e) The Appropriateness of the Constructive Trust Remedy - Peter v. Beblow
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