What is the difference between the presumption of resulting trust and presumption of advancement?

British Columbia, Canada


The following excerpt is from C.J.B. v A.R.B., 2017 BCSC 1682 (CanLII):

The conflicting presumption is the “presumption of advancement”. If it applies, it overrides the presumption of resulting trust. Essentially, the presumption of advancement presumes that, if a husband puts property in the name of his wife without receiving anything from her, he intended to make a gift of that property to her. The presumption can be rebutted by proof that the husband did not intend to make such a gift. There is a similar presumption that, if a parent puts property in the name of a minor child without receiving anything from the child, the parent intended to make a gift of that property. The presumptions are discussed in Pecore v. Pecore, 2007 SCC 17 [Pecore].

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