What is the test for establishing a trust of a legal estate in the name of a person who advances the purchase money?

British Columbia, Canada


The following excerpt is from Bostrom v Bigford, 2019 BCSC 79 (CanLII):

As Cromwell J. noted in Kerr v. Baranow, 2011 SCC 10, [2011] 1 S.C.R. 269 (S.C.C.), at para. 12, it has been "settled law since at least 1788 in England (and likely long before) that the trust of a legal estate, whether in the names of the purchaser or others, 'results' to the person who advances the purchase money". [Emphasis added]

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