What is the test for establishing a gift under the Marital Property Act?

Manitoba, Canada


The following excerpt is from J.W.G.S. v. J.L.S., 2001 MBQB 308 (CanLII):

The only evidence given to the court about the trailer was from husband and wife. No corroborative evidence was presented concerning the item. After consideration this court is of the opinion that the trailer became part of the family farm operation. The requirements of establishing a gift under the Marital Property Act was recently reviewed by Madam Justice Helper in Halwas v. Halwas 2001 MBCA 169. The guidance from the said court is indicated as follows in paragraph #9; “Secondly, whether the land came to the husband as a gift by way of advancement or as a bequest by will, that land is exempt from an accounting under the Act unless it can be shown that the bequest or gift was made with the intention of benefiting both the husband and wife . . . . ”

Other Questions


Does a joint tenant of a commercial property have to pay occupation rent to the owner of the property, even if there is one joint tenant who abandons the property? (Manitoba, Canada)
What is the test for establishing a resulting trust beneficiary for a property owned by the would-be beneficiary? (Manitoba, Canada)
In what circumstances have golf balls been found to have landed on a plaintiff's property? (Manitoba, Canada)
What is the test for establishing but for causation in a motor vehicle accident case? (Manitoba, Canada)
What is the relevant case law on building restrictions affecting a property? (Manitoba, Canada)
What is the test for establishing that a defendant is not a party to a cause of action? (Manitoba, Canada)
If a defamatory statement is capable of conveying more than one meaning, is the defence of responsible communication established? (Manitoba, Canada)
What is the test for establishing that an accused has a Charter violation? (Manitoba, Canada)
What is the test for establishing "but for" causation in solicitor’s negligence cases? (Manitoba, Canada)
What is the test for obtaining a warrant to search a property at a different address? (Manitoba, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.