What is the test for gratuitous transfer of property?
British Columbia, Canada
The following excerpt is from Anderson v. Anderson, 2010 BCSC 911 (CanLII):
The key to this dispute regarding the gratuitous transfer of the Property to the defendant is to ascertain the intention of the Deceased at the time of the transfer. Because the transferor is deceased, certain common law rules have developed to guide a court’s inquiry in relation to intention: Pecore v. Pecore, 2007 SCC 17. ... and the following amended paragraph should be inserted and read in its place:
The key to this dispute regarding the gratuitous transfer of the Property to the defendant is to ascertain the intention of the Deceased at the time of the transfer. Certain common law rules have developed to guide a court’s inquiry in relation to intention: Pecore v. Pecore, 2007 SCC 17. ... “Dardi J.”
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