Can a bank record indicating a right of survivorship be used to rebut the presumption of a resulting trust?
British Columbia, Canada
The following excerpt is from Weaver v Weaver Estate, 2019 BCSC 132 (CanLII):
The plaintiffs rely on Kyle Estate v. Kyle, 2017 BCCA 329 and Stade Estate (Re), 2017 BCSC 2354, in support of the proposition that bank records indicating a right of survivorship may not, on their own, be sufficient to rebut the presumption of a resulting trust. This proposition is not contentious. Every case must turn on its facts as they relate to the intention of the donor.
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