What is the test for retaining title to a property in the name of a person who has transferred it into another person's name gratuitously?
Alberta, Canada
The following excerpt is from Sullivan v. Newsome, 1985 CanLII 1455 (AB QB):
It is of course trite law and has been since Dyer v. Dyer (1788), 2 Cox. 92, 30 E.R. 42, that where a person transfers his property into another's name gratuitiously, a resulting trust in favour of the grantor is created and the transferee must prove, in order to retain title, that a gift was intended by the transferor.
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