What is the test for determining whether a person intended to transfer a child as a gift?
British Columbia, Canada
The following excerpt is from Flesjer v Butterfield, 2019 BCSC 2332 (CanLII):
The court must weigh all of the relevant evidence, both direct and circumstantial, in an attempt to ascertain on a balance of probabilities the transferor’s actual intention. The assessment may include any reasonable inferences that are sought to be drawn from the evidence, including the “inherent probability or improbability of competing explanations as to the transferor’s intent”: Fuller v. Harper, 2010 BCCA 421 at para. 49. In other words, the court may consider if the transferor had any rational purpose for the transfer, other than as a gift.
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