How does the presumption of resulting trust change the burden of determining a transfer?
British Columbia, Canada
The following excerpt is from Jahnke v Jahnke, 2019 BCSC 1258 (CanLII):
The presumption of resulting trust shifts the burden. In circumstances where it applies, when the transfer is challenged the onus is on the transferee to prove on a balance of probabilities that the transferor’s intention was to bestow a gift in order to rebut the presumption: Pecore, at para. 34; Fuller v. Harper, 2010 BCCA 421 at para. 45.
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