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].
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.