What are the legal presumptions of advancement and resulting trust?
British Columbia, Canada
The following excerpt is from Chen v. Ho, 2013 BCSC 533 (CanLII):
There are legal presumptions which can assist in the absence of determinative evidence. The presumption of resulting trust presumes that a party who receives property without paying for it holds it on a resulting trust for the party who paid for it. In contrast, the presumption of advancement presumes that a transfer from a married person to his or her spouse was a gift. See Pecore v. Pecore, 2007 SCC 17.
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