What is the test for a transaction for valuable consideration between a sister and her brother?
Alberta, Canada
The following excerpt is from Woodmann Interiors Ltd. v. Zeh, 1991 CanLII 6224 (AB QB):
Also of note is the case of Mulcahy v. Archibald (1898), 1898 CanLII 72 (SCC), 28 S.C.R. 523. In that case, a transaction for valuable consideration between a sister and brother was upheld notwithstanding the sister's knowledge of her brother's intention to prevent seizure by his creditors of the subject matter of the transaction. The court found that transferees for valuable consideration are protected as long as they are not made the direct or indirect instrument for subsequently benefiting the transferror.
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