Is there any case law where the presumption is that a gift is contingent?
British Columbia, Canada
The following excerpt is from Re: The Estate of Lorne A. Campbell, 2005 BCSC 1561 (CanLII):
In this case, clear evidence of a contrary intention ousts the presumption. Interpreting clause 17 based on its plain and ordinary meaning leaves me in no doubt that the gift is contingent. 2. The Rule in Browne v. Moody does not apply in this case
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