Does the presumption of resulting trust apply in the case of gratuitous transfers of property to adult children?
British Columbia, Canada
The following excerpt is from Kong v. Kong, 2015 BCSC 1669 (CanLII):
There is a rebuttable presumption of a resulting trust in the case of gratuitous transfers of property: Pecore v. Pecore, 2007 SCC 17. This was a dramatic change in the law because historically, the presumption of advancement would apply where the gratuitous transfer was from father to child. In Pecore, the court affirmed a presumption of advancement now also applies to transfers from mothers (paras. 32-33), but it does not apply in the case of gratuitous transfers to independent adult children. In those cases, the normal presumption of resulting trust applies.
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