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


The following excerpt is from Byrne v. Byrne, 2015 BCSC 318 (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, 2007 SCC 17.

Other Questions


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)
Can a party who receives funds from a parent to their adult child in trust be considered 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)
Does the presence of a party at the time of a transfer be considered a factor in upholding the presumption of a resulting trust? (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 presumption of advancement and resulting trust against gratuitous transfers from parent to child? (British Columbia, Canada)
Does an adult child who moves into the home of his parent's family unit need to pay board or be considered a member of the family unit? (British Columbia, Canada)
Is there a presumption of resulting trust where there is a transfer of funds without consideration? (British Columbia, Canada)
Does the presumption of advancement apply when a parent funds in a joint account with an adult independent child? (British Columbia, Canada)
What is the test for establishing a resulting trust between an adult and a child? (British Columbia, Canada)

There are no other similar questions at this time.