What is the test for establishing a resulting trust between an adult and a child?
British Columbia, Canada
The following excerpt is from McCarthy v McCarthy, 2018 BCSC 1210 (CanLII):
Because equity presumes bargains, not gifts, there is a general presumption in the law that when one person gratuitously transfers property to another adult person, the recipient holds the property in trust for the donor: Hu v. Li, 2016 BCSC 2131 at para. 36. This creates a rebuttable presumption of a resulting trust. Once the presumption is raised, the onus falls upon the recipient on a balance of probabilities to show that the transferor intended to make a gift.
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