Is a gift not a gift?
British Columbia, Canada
The following excerpt is from Simard v Simard Estate, 2021 BCSC 1836 (CanLII):
A gift is a gratuitous transfer of property made without consideration. The presumption of resulting trust is a rebuttable presumption of law and a general rule that applies to most gratuitous transfers: Pecore v. Pecore, 2007 SCC 17 at para. 24. Pecore established that it applies to gratuitous transfers from a parent to an adult child.
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