What is the test for a presumption of resulting trust in property transactions?
British Columbia, Canada
The following excerpt is from Elder v. McMullen, 2008 BCSC 971 (CanLII):
On the basis of the facts, Minden J. distinguished but did not disagree with Ruff v. Strobel. Minden J. noted that Ruff v. Strobel turned not on only whether one party contributed to the purchase of the property, but whether there was evidence of clear common intention of the parties at the time of the transaction. Such clear intention constituted incontrovertible rebuttal of a presumption of resulting trust.
"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
What is the test for the presumption of resulting trust in a purchase money resulting trust? (British Columbia, Canada)
Does the presumption of a resulting trust apply to gratuitous transfers of property? (British Columbia, Canada)
Does a resulting trust arise when title to property is in one party's name but that party gave no value for the property? (British Columbia, Canada)
Can a resulting trust arise when title to property is in one party's name but that party is a fiduciary or gave no value for the property? (British Columbia, Canada)
What is the difference between the presumption of resulting trust and presumption of advancement? (British Columbia, Canada)
Can beneficiaries of a trust terminate the trust and have the trust property transferred to them? (British Columbia, Canada)
Does the presumption of resulting trust apply where there is no evidence available to establish that the transfer of property was intended as a gift? (British Columbia, Canada)
Does the presumption of resulting trust apply in the case of gratuitous transfers of property to adult children? (British Columbia, Canada)
What is the test for the presumption of resulting trust in property transfers? (British Columbia, Canada)
How does the presumption of resulting trust apply to a gratuitous transfer of real property? (British Columbia, Canada)
