What are the types of evidence relevant to determining the intention of the transferor?
British Columbia, Canada
The following excerpt is from S.M.S. v. D.M.T., 2014 BCSC 2387 (CanLII):
Apart from any contemporaneous direct or indirect evidence of intention, the types of evidence relevant to determining the intention of the transferor include: (1) evidence subsequent to the transfer, showing intention at the time of the transfer; (2) the documentary record as it relates to the asset at the time of transfer and thereafter; (3) the control and use of the property; (4) other legal instruments; and (5) the tax treatment of the property: Doucette v. McInnes, 2009 BCCA 393 at para. 56.
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