What is the test for the presumption of resulting trust in property transfers?
British Columbia, Canada
The following excerpt is from Cadwell Estate v Martin, 2021 BCSC 1089 (CanLII):
The presumption of resulting trust is engaged where an owner of property gratuitously transfers title to the property to another. The actual intention of the grantor is the governing consideration. However, where a gratuitous transfer is challenged the onus is on the transferee to demonstrate that a gift was intended. Unless the presumption is rebutted on a balance of probabilities, the transferee holds the property in trust for the grantor: Pecore v. Pecore, 2007 SCC 17 at paras. 24, 43-44.
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