Does a father who gratuitously creates joint tenancy with his son in a large bank account and in a farm property constitute a gift from the father to son?

Alberta, Canada


The following excerpt is from M.E.B. (Estate of) v. O.B. (Dependent Adult), 2007 ABQB 259 (CanLII):

In Plamondon v. Czaban (2004), 348 A.R. 103, 2004 ABCA 161, C—t— J.A., writing for the court, considered a situation where a father gratuitously created a joint tenancy with his son in a large bank account and in a farm property. The sisters, beneficiaries under a will that divided the father’s property equally among the three children, contested these transactions. The trial judge found that neither the father as transferor, nor the son as transferee, intended anything other than a beneficial transfer, in other words a gift from father to son. As stated by C—t— J.A. at para. 29, where a transfer is from father to child, there is a presumption of advancement, meaning a presumption that a gift was intended.

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