Does the presumption of resulting trust apply to a bank account jointly held jointly by the claimant and her mother?

British Columbia, Canada


The following excerpt is from Sedaghat-Sharifabady v Kavosian-Sharifabadi, 2022 BCSC 339 (CanLII):

Even if the evidence did establish that this account was held jointly by the claimant and her mother, as opposed to the mother alone, which I have found it does not, the evidence is clear that the funds in the account were used for the mother’s care. On these facts, the presumption of resulting trust would apply, absent persuasive evidence of the mother’s intent to transfer both legal and beneficial title in the bank account to the claimant. Since Pecore v. Pecore, 2007 SCC 17 at para. 36, the law has been clear that the presumption of advancement (i.e., the presumption of an outright gift) does not apply to adult independent children. There is “a rebuttable presumption that the adult child is holding the property in trust for the ageing parent to facilitate the free and efficient management of that parent’s affairs.” The presumption has not been rebutted in light of the evidence before me.

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