Is it a gift not a gift, not a declaration of trust?

British Columbia, Canada


The following excerpt is from Bradshaw v. Stenner, 2012 BCCA 296 (CanLII):

There is a more recent case in England that applies the principle of law in question. In Ali v. Khan, [2002] EWCA Civ. 974, a father transferred the family home to two of his daughters for a stated amount of £25,000. The property was worth three times that amount. The purpose of the transfer was to permit the daughters to raise the £25,000 through a mortgage to a building society to provide the father with sufficient monies to pay for the marriages of the two daughters and a son in Pakistan. The marriages took place as planned. One daughter later transferred her interest to the other daughter who eventually brought an action for possession against her parents and her other siblings still residing in the home. The father counterclaimed for a declaration of trust. The trial judge rejected the evidence of the daughter that the transfer was a gift to the extent that the property was undervalued in the transfer. However, he found that the evidence fell short of establishing a trust and made the order for possession.

Other Questions


What is the effect of a declaration of trust on a trust? (British Columbia, Canada)
Can beneficiaries of a trust terminate the trust and have the trust property transferred to them? (British Columbia, Canada)
What is the test for the presumption of resulting trust in a purchase money resulting trust? (British Columbia, Canada)
When the BCLRC recommended that the distinction between express and constructive trusts be abolished for limitation purposes, does the distinction take into account the remedial constructive trust? (British Columbia, Canada)
How have the courts interpreted the doctrine of fiduciary trust in the context of an alleged breach of trust? (British Columbia, Canada)
What is the difference between an explicit declaration of mind and statements that permit inference as to the declarant's state of mind? (British Columbia, Canada)
Is a shareholder of a Real Estate Investment Trust entitled to a claim of diminution in the value of the trust's assets? (British Columbia, Canada)
What is a discretionary trust and what are the characteristics of a discretionary Trust? (British Columbia, Canada)
What is a constructive trust and what is the test for such a trust? (British Columbia, Canada)
Can a stranger to a trust be found liable for knowingly participating in a fraudulent breach of trust? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.