What is the presumption of advancement and resulting trust against gratuitous transfers from parent to child?
British Columbia, Canada
The following excerpt is from J.T.D. v. J.P.D., 2012 BCSC 343 (CanLII):
The law is very clear that while the presumption of advancement with respect to gratuitous transfers from parent to child will be limited to transfers involving minor children, there is a presumption of resulting trust with respect to gratuitous transfers from a parent to an adult child. That presumption can be rebutted by evidence that the transfer was a gift ([Pecore v. Pecore], 2007 SCC 17).
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