Where property is transferred to another person without consideration, explanation or other legal grounds, that property is said to be held by way of a resulting trust for the transferor; it “results” back to that person. Even between family members, there is a presumption of resulting trust for gratuitous transfers of funds or property; as stated in Pecore v. Pecore, 2007 SCC 17, [2007] 1 S.C.R. 795 at para. 24: The presumption of resulting trust is a rebuttable presumption of law and general rule that applies to gratuitous transfers. When a transfer is made for no consideration, the onus is placed on the transferee to demonstrate that a gift was intended. This is so because equity presumes bargains, not gifts.
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