What is the test for rebutting a presumption of resulting trust in property transfers between a parent and adult children?
Ontario, Canada
The following excerpt is from Strauss v. Wright, 2021 ONSC 5411 (CanLII):
Where a transfer of property is gratuitous between a parent and adult children, there is a presumption of resulting trust. The onus is on the recipient adult children to rebut the presumption. They must prove the donor’s intention to make the gift on a balance of probabilities: Pecore v. Pecore, 2007 SCC 17, [2007] 1 S.C.R. 795, at paras. 43-44.
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