Does a mere gratuitous transfer of property, real or personal, convey legal title?

British Columbia, Canada


The following excerpt is from Romaine v. Romaine et al., 2000 BCSC 1038 (CanLII):

In Niles v. Lake, 1947 CanLII 5 (SCC), [1947] S.C.R. 291 at 302, Taschereau J. said: …a mere gratuitous transfer of property, real or personal, although it may convey the legal title, will not benefit the transferee unless there is some other indication to show such an intent, and the property will be deemed in equity to be held on a resulting trust for the transferor.

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