Does the presumption of a resulting trust apply to gratuitous transfers of property?
British Columbia, Canada
The following excerpt is from Ali v Ali, 2018 BCSC 22 (CanLII):
The presumption of a resulting trust and the presumption of advancement both apply to gratuitous transfers of property. The presumption of a resulting trust assumes the transferor retains an interest in the property, while the presumption of advancement assumes the transfer is a gift: Pecore v. Pecore, 2007 SCC 17 at paras. 24–41 [Pecore].
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