Can a party who receives funds from a parent to their adult child in trust be considered a gift?
British Columbia, Canada
The following excerpt is from Dheenshaw v. Gill, 2017 BCSC 319 (CanLII):
Payments from a parent to an adult child are generally not presumed to be gifts; they are presumed to form a resulting trust in which the parent keeps an interest in the property. However it is open to a party claiming the transfer is a gift to rebut the presumption of a resulting trust by providing evidence to that effect: Pecore v. Pecore . . .
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a party who receives funds from a parent to their adult child to be considered a gift from the parent to the adult child have to prove that the transfer is a resulting trust? (British Columbia, Canada)
Can a party who receives funds from a parent to their adult child to rebut the presumption of a resulting trust rebutting that the transfer is a gift? (British Columbia, Canada)
When a parent provides funds to a child under the supervision of an adult child, does the child need to prove to the recipient that the gift was intended? (British Columbia, Canada)
What is the testator's onus on his adult child to prove that funds held jointly by the Testator with the Child were intended as a gift? (British Columbia, Canada)
What is the effect of a parent's decision not to consider the consequences of a child’s parents’ actions in the context of child support matters? (British Columbia, Canada)
Is a child support agreement entered into between the parties binding the parties to child support? (British Columbia, Canada)
How has the inter vivos of a deceased parent been used to determine whether a parent has met her moral obligations to her adult child? (British Columbia, Canada)
What is the standard for a medical trust committee to consider a patient’s wishes when considering a transfer of funds? (British Columbia, Canada)
What factors will be considered in determining whether funds advanced by parents to children were a presumed gift rather than a loan? (British Columbia, Canada)
What are some cases where parents have been granted summary judgment dismissing a claim against adult son and girlfriend for hosting a party at their parents’ cottage while they were there? (British Columbia, Canada)
