When a transferor makes a transfer of property gratuitously, does the resulting trust doctrine apply?
British Columbia, Canada
The following excerpt is from Wu v. Wu, 2012 BCSC 1687 (CanLII):
When a transfer is made gratuitously, equity presumes that the recipient holds the property on a resulting trust for the giver. If, however, there is clear evidence of the transferor's intention, the presumption need not be relied upon because the true intention is clear. In a situation of an express trust, as exists here, PW's intention is clear and unambiguous, and there is no room left for the doctrine of resulting trust to operate (see Elsen v. Elsen, 2011 BCCA 314 at paras. 20 to 33).
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