What is the test for applying a presumption of advancement in a family law case?
British Columbia, Canada
The following excerpt is from Kuo v. Kuo, 2014 BCSC 519 (CanLII):
John relies on Petrowski v. Petrowski Estate, 2009 ABQB 196, where the court applied a presumption of advancement in a challenge to the transfer of a farm held in joint tenancy to the testator’s daughter by operation of the right of survivorship. There was also an action to vary the testator’s will. The court applied a presumption of advancement as the transfers of land to joint tenancy with the daughter all occurred at a time prior to Pecore when the presumption of advancement was effective.
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