What is the test for determining whether a conditional transfer of a deceased's home was an outright gift?
British Columbia, Canada
The following excerpt is from Simpson v. Simpson, 1997 CanLII 4396 (BC SC):
The plaintiffs rely upon Kalmakoff v. Konkin (November 30, 1993), Vancouver No. C923363 (B.C.S.C.) wherein Mr. Justice Macdonald held that the donor's "wishes were a far cry from what appears on the transfer documents to be an outright gift." One of the conditions of the transfer was that the grandson would "retransfer the home to her at her request." However, other terms were that he would not sell, mortgage or lease the home without consent and that he would take care of her and protect her for the balance of her life.
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