Does the law presumes a resulting trust where one party pays the full purchase price but title is placed in the name of another party?

British Columbia, Canada


The following excerpt is from Aarts Estate v. 641074 B.C. Ltd., 2013 BCSC 1109 (CanLII):

Counsel relies on Pecore v. Pecore, 2007 SCC 17, for the proposition that the law presumes a resulting trust where one party pays the full purchase price, but title is placed into the name of another or in circumstances where there a gratuitous transfer of property in circumstances where no presumption of gift arises.

Other Questions


How does a resulting trust arise when a person contributes to the purchase price of a property and the property is then placed in another person's name? (British Columbia, Canada)
Does a resulting trust arise when title to property is in one party's name but that party gave no value for the property? (British Columbia, Canada)
What is the test for the presumption of resulting trust in a purchase money resulting trust? (British Columbia, Canada)
Can a resulting trust arise when title to property is in one party's name but that party is a fiduciary or gave no value for the property? (British Columbia, Canada)
Does a purchaser have a right to resile from a contract of purchase and sale if the purchaser fails to complete the purchase at the agreed price? (British Columbia, Canada)
Does the operation of the title to defeat the claim of a resulting trust or constructive trust as against a third party? (British Columbia, Canada)
Can a party recover in restitution where another party has been unjustly enriched at that party's expense? (British Columbia, Canada)
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
Does a resulting trust occur in favour of a party who advances the purchase money for a property? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.