What is the test for presumption of resulting trust?
Saskatchewan, Canada
The following excerpt is from Moody v. Ashton, 2004 SKQB 488 (CanLII):
A resulting trust is an “implied trust” and, therefore, the requisite intent of the transferor to create a trust is presumed. A presumption of resulting trust arises merely because one person voluntarily transfers monies belonging to him to another person. The presumption of resulting trust is rebuttable by the transferee proving that the transferor intended the transfer as a true gift: Cooper v. Markwart, supra.
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