Does the presence of a party at the time of a transfer be considered a factor in upholding the presumption of a resulting trust?
British Columbia, Canada
The following excerpt is from Kolic v Kolic, 2019 BCSC 1463 (CanLII):
The presence of the giftee when the transfer is made, even in the presence of a notary, may be a factor that favours upholding the presumption of a resulting trust. In Modonese v. Delac Estate, 2011 BCSC 82, Groves J. stated:
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