What is the test for rebutting the presumption in a civil case?

The civil standard, the balance of probabilities, is applicable to rebut the presumption. The trial judge will weigh all of the evidence in an attempt to ascertain the transferor’s actual intention. The presumption will determine the result only where there is insufficient evidence to rebut it on a balance of probabilities. Pecore v. Pecore, paras. 43 and 44.

The acts and declarations of the parties before or at the time of purchase, or so immediately after it as to constitute a part of the transaction, are the most compelling evidence. Evidence of subsequent acts and declarations may be admitted, if relevant to the intention of the transferor at the time of transfer, but the judge must guard against evidence that is self-serving or that tends to reflect a change in intention. Pecore v. Pecore, paras. 56 and 59.