Is there a result of resulting trust in a joint account?

British Columbia, Canada


The following excerpt is from Atha v. Thompson, 2008 BCSC 1075 (CanLII):

Her Ladyship applied the principle in Niles v. Lake, 1947 CanLII 5 (SCC), [1947] S.C.R. 291 that monies in a joint account belong to the estate of the person who made all the deposits; a presumption of resulting trust is raised against a non-contributing surviving tenant. She found a resulting trust which was not rebutted by "B".

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