In what circumstances will an incomplete voluntary transfer constitute a declaration of trust?
Saskatchewan, Canada
The following excerpt is from Zalys (Litigation Guardian of) v. Zalys, 2000 SKQB 301 (CanLII):
In McPherson v. L’Hirondelle, 1927 CanLII 48 (SCC), [1927] S.C.R. 429, Newcombe J. for the court stated at p. 435-36: ... [A]n incomplete voluntary transfer will not be construed as a declaration of trust unless it appear that there is an intention to declare a trust, and not merely to make a transfer.
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