What is the test for the presumption of resulting trust in a purchase money resulting trust?

British Columbia, Canada


The following excerpt is from Norkum v Fletcher, 2018 BCSC 904 (CanLII):

The presumption of resulting trust applies in the following circumstances: A purchase money resulting trust arises when a person advances funds to contribute to the purchase price of property, but does not take legal title to that property. Where the person advancing the funds is unrelated to the person taking title, the law presumes that the parties intended for the person who advanced the funds to hold a beneficial interest in the property in proportion to that person’s contribution. This is called the presumption of resulting trust. Nishi v. Rascal Trucking Ltd., 2013 SCC 33 at para. 1.

Other Questions


What is the difference between the presumption of resulting trust and presumption of advancement? (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)
What is the test for establishing a purchase money resulting trust? (British Columbia, Canada)
Does a resulting trust occur in favour of a party who advances the purchase money for a property? (British Columbia, Canada)
Does the presumption of resulting trust apply to the Advance? (British Columbia, Canada)
What is the presumption of advancement and resulting trust against gratuitous transfers from parent to child? (British Columbia, Canada)
Is there a presumption of resulting trust where the evidence establishes that the transferee gave value for the transfer? (British Columbia, Canada)
Does the presumption of resulting trust apply in the case of gratuitous transfers of property to adult children? (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)
What is the test for the presumption of resulting trust? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.