Does the presumption of resulting trust apply to adult children and parents?
British Columbia, Canada
The following excerpt is from Lee v. Starinovich, 2013 BCSC 1557 (CanLII):
Pecore v. Pecore 2007 SCC 17 draws a distinction between transfers between parents and adult children versus transfers between parents and minor children. Where minor children are involved, the presumption of advancement presumes a gift. With adult children, there is no such presumption. It would appear that, despite the broad statement in Rascal Trucking that the presumption of resulting trust applies to unrelated parties, the presumption of a resulting trust should arise with adult children and parents as well, since there is no presumption of advancement in that circumstance. DISCUSSION
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