What is the test for an indefinite residence?
Alberta, Canada
The following excerpt is from Foote Estate (Re), 2009 ABQB 654 (CanLII):
It seems to me that this distinction is appropriate and relevant - the future contingency is one that should be clear, and in mind. The test in Hyland v. Hyland might be restated as “a person intends an indefinite residence unless that person commences a residency with clear and identified criteria on which that residency will end”. More colloquially, that might be expressed as a person “being here to stay, unless something happens.”
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